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GALLEGOS v. STATE

Nos. 2D09-4699, 2D09-4704.

63 So.3d 20 (2011)

Fidensio GALLEGOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 15, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Allyn M. Giambalvo , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Sonya Roebuck Horbelt , Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Chief Judge.

We affirm Mr. Gallegos' judgments and sentences without comment. However, we write to direct the trial court on remand to strike the postsentence order that it entered without jurisdiction.

On August 5, 2010, while this appeal was pending, Mr. Gallegos filed in the trial court a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court must rule on such a motion within sixty days of filing...

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