Miller v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2006 CHARLES MILLER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-3627 [November 1, 2006] PER CURIAM. The denial of appellant s rule 3.800(a) motion to correct an illegal sentence filed in case numbers 80-01782 and 93-05219 is affirmed without prejudice. Appellant may file a rule 3.800(a) motion in case number 91-22625 if there is a scoresheet error that is apparent from the face of the record and if the life sentence could not have been imposed absent the alleged scoresheet error. See Brooks v. State, 930 So.2d 835 (Fla. 4th DCA 2006). STEVENSON, C.J., POLEN and SHAHOOD, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael L. Gates, Judge; L.T. Case Nos. 80-1782 CF10 & 93-5219 CF10. Charles Miller, Lake City, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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