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744 So. 2d 1132

Whitehurst v. State

District Court of Appeal of Florida

Decided October 27, 1999

District Court of Appeal of Florida · decided 1999-10-27

Relies on Weeks v. State

Decided 1999-10-27

PER CURIAM.

¶1Anthony Whitehurst appeals the summary denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The order denying Whitehurst’s motion is reversed and remanded for further proceedings because the record before this court does not contain a copy of the motion, which was misplaced at the trial level. See Weeks v. State, 728 So.2d 323 (Fla. 2d DCA 1999). On remand, Whitehurst has sixty days in which to file an identical motion with the trial court.

¶2Reversed and remanded.

PARKER, A.C.J., and BLUE and CASANUEVA, JJ., Concur.
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