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162 So. 3d 1086

Patterson v. State

District Court of Appeal of Florida · decided 2015-04-17

Relies on Patterson v. State

Decided 2015-04-17

PER CURIAM.

¶1Avery 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).

¶2*1087REVERSED and REMANDED with instructions to dismiss the motion without prejudice.

EVANDER, COHEN and LAMBERT, JJ., concur.
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