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686 So. 2d 15

Hatcher v. State

District Court of Appeal of Florida · decided 1996-06-26

Decided 1996-06-26

PER CURIAM.

¶1Gerald Gene Hatcher appeals from the denial of his motion to define or clarify sentence. We reverse.

¶2Hatcher alleges his plea agreement encompassed his serving the remainder of his control release sentence concurrently with his new offense. Hatcher requested the trial court to inform the Department of Corrections of its error.

¶3The trial court denied Hatcher’s motion on the merits. However, Hatcher’s motion is an unsworn, unauthorized motion, and, therefore, the trial court should have dismissed the motion without prejudice to Hatcher filing a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

¶4Reversed and remanded.

THREADGILL, C.J., and BLUE and QUINCE, JJ., concur.
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