ESPINOSA V. STATE

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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed July 1, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-1013 Lower Tribunal Nos. 02-13719 & 02-14356 ________________ Juan Espinosa, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge. Juan Espinosa, in proper person. Pamela Jo Bondi, Attorney General, for appellee. Before GERSTEN, ROTHENBERG, and SALTER, JJ. PER CURIAM. Juan Espinosa ( the defendant ) appeals from an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800. The trial court denied the motion on procedural grounds because of a pending appeal before this Court (case number 3D10-3415). Since then, the defendant has voluntarily dismissed his appeal in case number 3D10-3415. Accordingly, we reverse the order summarily denying the defendant s motion, and remand for the trial court to address the merits of the defendant s Rule 3.800 motion. Reversed and remanded. 2

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