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719 So. 2d 1031

Lugones v. State

District Court of Appeal of Florida

Decided November 4, 1998

District Court of Appeal of Florida · decided 1998-11-04

Decided 1998-11-04

PER CURIAM.

¶1As appellant’s sentence on count 5 exceeds the legal maximum for a second-degree felony, the order denying appellant’s motion to correct illegal sentence is reversed as to that count only and remanded for entry of a sentence within the legal maximum.* Appellant need not be present. The trial court’s order is affirmed as to counts 1-4.

¶2Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.

¶3 The sentence was entered in 1992.

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