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Avery PATTERSON, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2015-04-17No. No. 5D14-4175
162 So. 3d 1086

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Opinion

majority opinion

PER CURIAM.

Avery Patterson appeals the denial of his motion to correct illegal sentence filed on June 19, 2014. The motion was filed prematurely and the trial court should have dismissed it without prejudice, rather than denying the motion on its merits. See Patterson v. State, 152 So.3d 96 (Fla. 5th DCA 2014). REVERSED and REMANDED with instructions to dismiss the motion without prejudice.

EVANDER, COHEN and LAMBERT, JJ., concur.