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MARRIAGA v. STATE

No. 3D10-1357.

44 So.3d 155 (2010)

Juan MARRIAGA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 7, 2010.

Attorney(s) appearing for the Case

Juan Marriaga , in proper person.

Bill McCollum , Attorney General, for appellee.

Before COPE and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The defendant contends that he does not qualify as a sexual predator under section 775.21, Florida Statutes.

The defendant was convicted of attempted sexual battery. The State response indicates that the crime was committed on a victim less than twelve years of age and that the crime was a felony of the first degree.

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