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ROTZ v. STATE

No. 87-460.

521 So.2d 355 (1988)

Michael Anthony ROTZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

March 10, 1988.

Attorney(s) appearing for the Case

James Dickson Crock, Daytona Beach for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

DANIEL, Judge.

Michael Anthony Rotz appeals a judgment and sentence for burglary of a structure. Rotz contends that the sentence is illegal because it was partially based on an improperly scored prior Indiana conviction. Florida Rule of Criminal Procedure 3.701(d)(5)(a)(2) requires assignment of the score for the Florida statute analogous to that out-of-state conviction. However, it is not clear from the record under which Indiana statute the defendant was convicted...

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