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LABOMBARD v. STATE

No. 2D09-5812.

74 So.3d 154 (2011)

Donald H. LABOMBARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 9, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Cynthia J. Dodge , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Diana K. Bock , Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Daniel Labombard pleaded guilty to a charge of failure to register as a sexual offender. After he was sentenced, he filed two motions pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), alleging sentencing errors. The circuit court entered an order denying the first motion. The second motion was deemed denied when the circuit court failed to act on it.

On appeal, the State correctly concedes that the second motion raised a sentencing...

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