Florida District Courts of Appeal, 2015

Patterson v. State

Patterson v. State
Florida District Courts of Appeal · Decided April 17, 2015 · Cohen, Evander, Lambert
162 So. 3d 1086; 2015 Fla. App. LEXIS 5569; 2015 WL 1736819 (Southern Reporter, Third Series)

Patterson v. State

Opinion of the Court

PER CURIAM.

Avery Patterson appeals the denial of his motion to correct illegal sentence filed on June 19, 2014. The motion was filed prematurely and the trial court should have dismissed it without prejudice, rather than denying the motion on its merits. See Patterson v. State, 152 So.3d 96 (Fla. 5th DCA 2014).

*1087REVERSED and REMANDED with instructions to dismiss the motion without prejudice.

EVANDER, COHEN and LAMBERT, JJ., concur.

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