Florida District Courts of Appeal, 1994

Dukes v. State

Dukes v. State
Florida District Courts of Appeal · Decided June 29, 1994 · Barfield, Miner, Wolf
647 So. 2d 181; 1994 Fla. App. LEXIS 6490; 1994 WL 284257 (Southern Reporter, Second Series)

Dukes v. State

Opinion of the Court

BARFIELD, Judge.

The trial court improperly characterized the appellant’s motion for correction of an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) as a motion for reduction of a legal sentence, required by rule 3.800(b) to be filed within sixty days after imposition of sentence. The denial of the *182motion as untimely was therefore error. However, because the record conclusively shows that appellant’s sentence was not illegal, the denial of the motion is AFFIRMED.

MINER and WOLF, JJ., concur.

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