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CHACON v. STATE

No. 3D09-3156.

28 So.3d 941 (2010)

Luis A. CHACON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 17, 2010.

Attorney(s) appearing for the Case

Luis A. Chacon, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ, C.J., and COPE, and SALTER, JJ.

PER CURIAM.

Affirmed.

COPE, J., (concurring).

I concur in affirming the denial of the appellant's motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a) because the issue the appellant raises on appeal is completely different from the issue the appellant raised in his motion dated September 3, 2009. The trial court erred in denying the motion as being "successive," because as the Florida Supreme Court has explained, there...

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