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991 So. 2d 1002

Docket No. 4D08-1516.

Earle v. State

Scott EARLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 1, 2008.

District Court of Appeal of Florida · decided 2008-10-01

Decided 2008-10-01

¶1Scott Earle, Bushnell, pro se.

¶2No appearance for appellee.

¶3PER CURIAM.

¶4The defendant appeals an order denying his third motion for post-conviction relief. Among other issues, he argues that his fifteen-year sentences on four of eight drug charges are illegal. We affirm the trial court's denial of all of the defendant's claims except one. We agree that the fifteen year sentence on count VIII for delivery of Flunatrazepam is illegal. Section 893.13(1)(a)2., under which the defendant was charged, is a third degree felony with a maximum penalty of five years. See §§ 893.13(1)(a)2., 775.082, Fla. Stat. (1995). As to that claim, we reverse and remand the case to the trial court for resentencing on count VIII.

¶5Affirmed in part, reversed in part, and remanded.

¶6STEVENSON, MAY, JJ., and LABARGA, JORGE, Associate Judge.

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