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OSEGUEDA v. STATE

No. 4D07-4027.

4 So.3d 790 (2009)

Salvador OSEGUEDA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 25, 2009.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, and Salvador Osegueda, Indiantown, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Katherine Y. Mclntire, Assistant Attorney General, West Palm Beach, for appellee.

STEVENSON, J.

Salvador Osegueda was improperly sentenced pursuant to the 10-20-Life statute, as he was convicted of armed manslaughter, attempted armed manslaughter, and shooting at or into an occupied vehicle-offenses not enumerated in section 775.087(2), Florida Statutes (2006). Osegueda filed a timely rule 3.800(b)(2) motion to correct his sentence. Though the trial court granted the motion, it failed to do so within sixty days as required by the rule, so the order...

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