AVERY PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2015-04-17
No. 5D14-4175
EVANDER, COHEN and LAMBERT, JJ., concur.
162 So. 3d 1086 Florida District Court of Appeal, Fifth District (2015)

Opinion of the Court
PER CURIAM.

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).

*1087REVERSED and REMANDED with instructions to dismiss the motion without prejudice.

EVANDER, COHEN and LAMBERT, JJ., concur.


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