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893 So. 2d 705

Kerr v. State

District Court of Appeal of Florida

Decided February 22, 2005

District Court of Appeal of Florida · decided 2005-02-22

Relies on Heggs v. State

Decided 2005-02-22

PER CURIAM.

¶1The appellant challenges the trial court’s order summarily denying his motion alleging an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the appellant has stated a facially sufficient claim that he is entitled to resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000), on Count II for robbery with a firearm, we reverse and remand for the trial court to reconsider this claim. His claim regarding Count I is without merit. See § 921.001(4)(b)2., Fla. Stat. (1995).

¶2AFFIRMED IN PART AND REVERSED AND REMANDED IN PART.

WOLF, C.J., DAVIS and BROWNING, JJ., concur.
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