Opinion
No. 93-16.
June 29, 1994.
An appeal from the Circuit Court for Duval County; Alban E. Brooke, Judge.
Daron L. Dukes, pro se.
No appearance for appellee.
The trial court improperly characterized the appellant's motion for correction of an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) as a motion for reduction of a legal sentence, required by rule 3.800(b) to be filed within sixty days after imposition of sentence. The denial of the motion as untimely was therefore error. However, because the record conclusively shows that appellant's sentence was not illegal, the denial of the motion is AFFIRMED.
MINER and WOLF, JJ., concur.