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Carvajal v. State, No. 3D08-2666 (Fla. App. 3/11/2009) (Fla. App., 2009)

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Jose Antonio Carvajal, Appellant, v. The State of Florida, Appellee. No. 3D08-2666. District Court of Appeal of Florida, Third District. Opinion filed March 11, 2009. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Ruth Becker, Judge. Lower Tribunal Nos. 07-1045 & 06-219. Jose Antonio Carvajal, in proper person. Bill McCollum, Attorney General, for appellee. Before GERSTEN, C.J., LAGOA, J., and SCHWARTZ, Senior Judge. PER CURIAM. We reverse the summary denial of Jose Antonio Carvajal’s (”defendant”) Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. The trial court incorrectly ruled that the motion was insufficient because it was not properly sworn...continue to full post

Full post as published by Florida Criminal Law Opinions on March 11, 2009 (boomark / email).