DUPREE v. STATE

No. 1D08-3973.

20 So.3d 989 (2009)

Tyrone DUPREE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 27, 2009.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Terry Carley, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General; Giselle Denise Lylen and Brooke Poland, Assistant Attorneys General, Tallahassee, for Appellee.


PER CURIAM.

Appellant seeks review of an amended judgment and sentence which lists his second-degree misdemeanor for driving while license suspended or revoked as a first-degree misdemeanor. Appellant raised this issue in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court eventually granted the motion but outside of the 60-day time period permitted by rule 3.800(b)(2)(B). The court granted the motion after 117 days had elapsed...

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