RICARDO MONTANEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
By sworn petition seeking belated appeal pursuant to Florida Rule of Appellate Procedure 9.140(j), Ricardo Montanez asserts that he failed to timely receive a copy of the order which denied his motion for correction of illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800. The record reflects and the state acknowledges that his appeal was timely filed within thirty days of the rendition of the order denying the motion. Accordingly, we deny the petition for belated appeal as the appeal is in fact timely.
On the merits of the substantive issues raised by Montanez in the appeal, we affirm on the authority of Montanez v. State, 746 So. 2d 1141 (Fla. 3d DCA 1999).
Affirmed.
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Zamir Garzon and Ray C. Balthazar v. State, 939 So. 2d 278 (Fla. 4th DCA 2006)…distinct methods of committing an offense, consisting of different elements, and a defendant is charged with one of the means, but the jury is instructed in a manner that permits conviction for another, uncharged mode of guilt. See Taylor v. State, 760 So. 2d 298 (Fla. 4th DCA 2000); Hodges v. State, 878 So. 2d 401 (Fla. 4th DCA 2004); Fuentes v. State, 730 So. 2d 366 (Fla. 4th DCA 1999). For example, in Taylor, the trial court committed fundamental error by instructing the jury that it could convict Taylor…
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Eaton v. State, 908 So. 2d 1164 (Fla. 1st DCA 2005)…a. 4th DCA), review denied, 890 So. 2d 1114 (Fla.2004); Griffis v. State, 848 So. 2d 422, 427 (Fla. 1st DCA 2003); Dixon v. State, 823 So. 2d 792, 794 (Fla. 2d DCA 2001); Braggs v. State, 789 So. 2d 1151, 1153-54 (Fla. 3d DCA 2001); Taylor v. State, 760 So. 2d 298, 299 (Fla. 4th DCA 2000); O’Bryan v. State, 692 So. 2d 290, 290-91 (Fla. 1st DCA 1997). Based on this authority, we are constrained to conclude that the trial court committed fundamental error by instructing the jury on an alternative theory (sexual…
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- Montanez v. State, 746 So. 2d 1141 (Fla. 3d DCA 1999)