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BENJAMIN v. STATE

No. 3D09-1339.

20 So.3d 945 (2009)

Robert T. BENJAMIN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 30, 2009.

Attorney(s) appearing for the Case

Robert T. Benjamin, in proper person.

Bill McCollum, Attorney General, for appellee.

Before SUAREZ, SALTER, JJ., and SCHWARTZ, Senior Judge.

On Motion for Rehearing

SUAREZ, J.

On Robert T. Benjamin's proper motion for rehearing, we grant rehearing, withdraw our prior opinion dated June 24, 2009, and substitute the following:

Robert T. Benjamin seeks to reverse a trial court order denying his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. We reverse and remand.

Benjamin was convicted of strong-arm robbery and sentenced to a term of forty...

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