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765 So. 2d 848

Vishino v. State

District Court of Appeal of Florida

Decided August 16, 2000

District Court of Appeal of Florida · decided 2000-08-16

Relies on Heggs v. State · 750 So. 2d 1 - Hayes v. State · 765 So. 2d 784 - Klayman v. State

Decided 2000-08-16

PER CURIAM.

¶1Mary Vishino appeals the denial of her motion to correct illegal sentence, in which she argued that she was entitled to post-conviction relief from her conviction for trafficking in hydrocodone under Hayes v. State, 750 So.2d 1 (Fla.1999). We affirm without prejudice to file a timely, properly sworn post-conviction motion pursuant to Florida Rule of Criminal Procedure *8493.850(b)(2). See Klayman v. State, 765 So.2d 784 (Fla. 4th DCA 2000).

¶2In that new motion, appellant may also present her argument for relief under Heggs v. State, 759 So.2d 620 (Fla.2000). We decline to address that claim since it was raised for the first time in this appeal.

GUNTHER, STONE and GROSS, JJ., concur.
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