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777 So. 2d 1086

Whitehouse v. State

District Court of Appeal of Florida

Decided January 17, 2001

District Court of Appeal of Florida · decided 2001-01-17

Relies on Heggs v. State · Pagliaro v. Penske Auto Centers, Inc. · 771 So. 2d 37 - Jenkins v. State

Decided 2001-01-17

PER CURIAM.

¶1Mark Whitehouse appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the trial court’s order without prejudice. Whitehouse may raise the Heggs1 issue in a motion to withdraw his plea filed pursuant to rule 3.850. See Murphy v. State, 773 So.2d 1174 (Fla. 2d DCA 2000); Jenkins v. State, 771 So.2d 37 (Fla. 4th DCA 2000).

¶2Affirmed.

BLUE, A.C.J., and GREEN and STRINGER, JJ., concur.

¶3. Heggs v. State, 759 So.2d 620 (Fla.2000).

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