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LOWE v. STATE

No. BF-199.

478 So.2d 888 (1985)

Jack B. LOWE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 27, 1985.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

BARFIELD, Judge.

The trial court imposed concurrent six year sentences for third degree felonies. These sentences exceed the statutory limits and are illegal. Florida Statutes 775.082(3)(d). We note that the lower court scored a conviction from a foreign jurisdiction as a second degree felony when the foreign statute did not track the Florida statute. Fla.R.Crim.P. 3.701(d)(5)a.3. requires that an offense be scored as a third degree felony when the degree of the felony...

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