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MORALES v. STATE

No. 89-1336.

554 So.2d 662 (1990)

Leonardo T. MORALES a/K/a Ramon Simon, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 2, 1990.

Attorney(s) appearing for the Case

Leonardo T. Morales, in pro. per.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before BASKIN, JORGENSON and COPE, JJ.

On Motion for Rehearing

PER CURIAM.

We grant appellant Morales' motion for rehearing and withdraw our ruling dated July 5, 1989. The State concedes that the scoresheet under which Morales was sentenced erroneously added thirty points for "legal constraint." See Fla.R.Crim.P. 3.701(d)(6). We therefore reverse the trial court's order denying Morales' Rule 3.850 motion and remand for resentencing under a recalculated scoresheet. Because the sentencing...

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