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216 So. 3d 684

Vazquez v. State

District Court of Appeal of Florida · decided 2017-03-15

Relies on 212 So. 3d 494 - Fernandez v. State

Decided 2017-03-15

PER CURIAM.

¶1Affirmed, without prejudice to file a timely and sufficient postconviction motion. The trial court did not rely on Mr. Vazquez’s pending charges in imposing his sentence. Cf. Fernandez v. State, 42 Fla. L. Weekly D 502a, 212 So.3d 494, 2017 WL *685788407 (Fla. 2d DCA Mar. 1, 2017) (holding that the trial court improperly relied on a subsequent charge in sentencing where the trial court stated she was imposing the sentence “based on the fact that you re-offended” among other reasons).

NORTHCUTT, SILBERMAN, and LaROSE, JJ., Concur.
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