District Court of Appeal of Florida April 1, 2011, No. 5D11-427 (Ayluardo v. State)

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United States · · · 01-04-2011

PER CURIAM.

Appellant challenges the summary denial of his rule 3.800 motion. He claims that his sentence exceeds the statutory maximum. As the State points out, Appellant’s sentence does not exceed the maximum sentence if it was properly reclassified based upon a jury finding that he used a weapon during the commission of the crime.

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