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975 So. 2d 630

Docket No. 4D07-4482.

Johnson v. State

Cornelius T. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-03-05

Relies on 965 So. 2d 197 - Romeo v. State

Decided 2008-03-05

¶1Cornelius T. Johnson, Raiford, pro se.

¶2Bill McCollum, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Cornelius T. Johnson's motion to correct illegal sentence was denied as successive. We reverse and remand the matter for further proceedings in connection with Point I of the motion filed in July 2007. The records referenced do not demonstrate that this issue is successive. Compare Romeo v. State, 965 So.2d 197 (Fla. 3d DCA 2007). On remand, the trial court may attach documents to show that the claim is successive, or consider the issue on the merits.

¶5STEVENSON, TAYLOR and MAY, JJ., concur.

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