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895 So. 2d 1202

Luma v. State

District Court of Appeal of Florida

Decided February 23, 2005

District Court of Appeal of Florida · decided 2005-02-23

Relies on 880 So. 2d 726 - Boyd v. State · 877 So. 2d 795 - Johnson v. State · Wright v. State

Decided 2005-02-23

PER CURIAM.

¶1We affirm the denial of the defendant’s motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) finding that his claim of vindictive sentencing cannot be raised in a motion to correct illegal sentence. Wright v. State, 891 So.2d 618 (Fla. 3d DCA 2005); Boyd v. State, 880 So.2d 726 (Fla. 2d DCA 2004). We also certify direct conflict with Johnson v. State, 877 So.2d 795 (Fla. 5th DCA 2004).

¶2Affirmed; direct conflict certified.

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