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Bernal v. State

District Court of Appeal of Florida, Second District
Nov 5, 2004
892 So. 2d 1086 (Fla. Dist. Ct. App. 2004)

Opinion

No. 2D04-3074.

November 5, 2004.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Anthony K. Black, Judge.


Juan J. Bernal appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand to the trial court.

In its order denying Juan J. Bernal's motion, the trial court inadvertently relied on a previous motion filed by Bernal's brother, Johnny Bernal. Therefore, Juan J. Bernal's motion was never addressed on the merits. Accordingly, we reverse the order of the trial court and remand for the trial court to rule on the merits of Juan J. Bernal's motion.

Reverse and remanded.

ALTENBERND, C.J., and CASANUEVA, J., concur.


Summaries of

Bernal v. State

District Court of Appeal of Florida, Second District
Nov 5, 2004
892 So. 2d 1086 (Fla. Dist. Ct. App. 2004)
Case details for

Bernal v. State

Case Details

Full title:Juan J. BERNAL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Nov 5, 2004

Citations

892 So. 2d 1086 (Fla. Dist. Ct. App. 2004)

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