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BROWN v. STATE

No. 86-596.

489 So.2d 1145 (1986)

Theophilus BROWN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing June 3, 1986.

Attorney(s) appearing for the Case

Theophilus Brown, pro. per.

Jim Smith, Atty. Gen., for appellee.

Before SCHWARTZ, C.J. and BARKDULL and NESBITT, JJ.

PER CURIAM.

Affirmed.

On Motion for Rehearing

SCHWARTZ, Chief Judge.

Brown's third Rule 3.850 motion claims that his lawyer improperly failed to advise him that, pursuant to section 921.001(4)(a), Florida Statutes (1983),1 he could elect to be sentenced under the guidelines for his 1982 crimes. The premise upon which this contention is based — that such...

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