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JOSEPH v. STATE

Case No. 5D20-1627.

310 So.3d 127 (2020)

Sylvester JOSEPH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 27, 2021.

Attorney(s) appearing for the Case

Casey M. Burns , and Rachael E. Reese , of O'Brien Hatfield Reese, P.A., Tampa, for Appellant.

Ashley Moody , Attorney General, Tallahassee, and Marjory Vincent-Tripp , Assistant Attorney General, Daytona Beach, for Appellee.

Sylvester Joseph appeals the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a).

The issue in this case is whether Joseph's claim required utilization of the "could-have-been-imposed" test, as opposed to the "would-have-been-imposed" test, regarding an entitlement to resentencing...

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