REDDING V. STATE

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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, 2006 ANDREW A. REDDING, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D06-2612 ** ** LOWER TRIBUNAL NO. 95-33572 ** Opinion filed December 20, 2006. An Appeal under Florida 9.141(b)(2) from the Circuit Jacqueline Hogan Scola, Judge. Rule Court of Appellate Procedure for Miami-Dade County, Andrew A. Redding, in proper person. Charles J. Crist, Jr., Attorney General, for appellee. Before WELLS, SUAREZ, and ROTHENBERG, JJ. ROTHENBERG, Judge. Andrew A. Redding ( defendant ) appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion the defendant alleges that he was resentenced without being present and without defendant s representation motion as of untimely, counsel. the trial In denying court the incorrectly treated the defendant s motion as a motion for postconviction relief filed 3.850. pursuant to Florida Rule of Criminal Procedure We, therefore, reverse for proper consideration of the defendant s motion and, if denied, the issuance of a new order with the appropriate attachments which conclusively refute the claimed entitlement to 9.141(b)(2)(D)(requiring relief. reversal See by this Fla. court R. App. unless P. the record shows conclusively that the defendant is entitled to no relief). Reversed and remanded. 2

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