B.S.C. v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT B.S.C., ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA ) ) Appellee. ) ___________________________________ ) Case No. 2D08-1964 2D08-1966 CONSOLIDATED Opinion filed March 20, 2009. Appeal from the Circuit Court for Hillsborough County; Ashley B. Moody, Judge. James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Affirmed without prejudice to any right appellant may possess to file an appropriate motion for collateral relief addressing the unauthorized sentence for the count of resisting an officer without violence. See L.D.K. v. State, 34 Fla. L. Weekly D356 (Fla. 2d DCA Feb. 10, 2009). CASANUEVA, SILBERMAN, and KELLY, JJ., Concur.

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