Wilson v. State

POLEN, Judge.

We grant appellee state’s Motion for Rehearing En Banc, recognizing that our September 13, 1995, slip opinion is in conflict with our earlier decision in Cayson v. State, 638 So.2d 1061 (Fla. 4th DCA 1994). We withdraw the previously issued opinion, and substitute the following:

We reverse the trial court’s order denying appellant’s second motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). This is so even though appellant filed a previous, unsuccessful 3.800(a) motion, and despite appellant having agreed to a sentence of 55 years in prison…