DELPA V. MARTINEZ

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2004 ** JOHNNY CARL WILLIAMS ** Appellant, ** vs. CASE NO. 3D03-3322 ** THE STATE OF FLORIDA ** Appellee. LOWER TRIBUNAL NO. 78-960 ** Opinion filed July 21, 2004. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge. Johnny Carl Williams, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before LEVY, GERSTEN, and GODERICH, JJ. PER CURIAM. On remand, requirement of the hard trial court labor from is directed the to defendant s strike the sentence. Holman v. State, 740 So. 2d 1258 (Fla. 3d DCA 1999); Burney v. State, 705 So. 2d 90 (Fla. 2d DCA 1997). In all other respects, the trial court s order dated November 4, 2003, denying the defendant s motion to correct illegal sentence is affirmed. 2

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