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BOLAND v. STATE

No. 90-01827.

571 So.2d 518 (1990)

Dennis Robert BOLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 28, 1990.

ALTENBERND, Judge.

Dennis Robert Boland appeals the summary denial of his motion for postconviction relief. Relying on Smith v. State, 537 So.2d 982 (Fla. 1989), Mr. Boland contends that his sentence is illegal because the sentencing guidelines had not been constitutionally created at either the time of his offenses or at the time of his sentencing. We agree.

Mr. Boland was charged with kidnapping and sexual battery...

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