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CARTER v. STATE

No. 3D12-3150.

104 So.3d 381 (2012)

Deroy CARTER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 26, 2012.

Attorney(s) appearing for the Case

Deroy Carter, in proper person.

Pamela Jo Bondi , Attorney General, for appellee.

Before CORTIÑAS, FERNANDEZ and LOGUE, JJ.

FERNANDEZ, J.

Deroy Carter appeals a summary denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence claiming that he was improperly sentenced to drug offender probation despite the fact that none of the charged offenses were related to chapter 893, Florida Statutes (2010). On appeal from a summary denial, this Court must reverse unless the post conviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively...

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