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COLLINS v. STATE

No. 5D09-609.

17 So.3d 790 (2009)

Kevin J. COLLINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 14, 2009.

Attorney(s) appearing for the Case

Kevin J. Collins, Jasper, pro se.

Bill McCollum, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant, Kevin J. Collins, appeals the trial court's denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Collins contends the trial court improperly denied his motion as successive because an earlier motion raising the issues was null and void. We agree, and reverse and remand for the trial court to consider Collins' rule 3.800(a) motion on the merits.

Collins was convicted of burglary...

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