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627 So. 2d 624

Brown v. State

District Court of Appeal of Florida

Decided December 23, 1993

District Court of Appeal of Florida · decided 1993-12-23

Cited by 2 later decisions — most recently March 2002

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1993-12-23

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DAUKSCH, Judge,

¶1dissenting.

¶2I respectfully dissent.

¶3Appellant was given an illegal sentence. The proper remedy for that is to vacate the sentence and require a new sentencing proceeding. In my opinion it is only when such errors as misstatements or clerical errors are made that this court should change the sentence to one which is lawful. This is not such a case; even though the state concedes the error and requests this court to set the sentence, I would vacate the sentence and remand for the sentencing to be done again.

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