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892 So. 2d 1086

Bernal v. State

District Court of Appeal of Florida

Decided November 5, 2004

District Court of Appeal of Florida · decided 2004-11-05

Cited by 1 later decisions — most recently September 2006

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2004-11-05

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FULMER, Judge.

¶1Juan J. Bernal appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Proce*1087dure 3.800(a). We reverse and remand to the trial court.

¶2In its order denying Juan J. Bernal’s motion, the trial court inadvertently relied on a previous motion filed by Bernal’s brother, Johnny Bernal. Therefore, Juan J. Bernal’s motion was never addressed on the merits. Accordingly, we reverse the order of the trial court and remand for the trial court to rule on the merits of Juan J. Bernal’s motion.

¶3Reverse and remanded.

ALTENBERND, C.J., and CASANUEVA, J., concur.
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