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DEWBERRY v. STATE

No. 90-1645.

570 So.2d 1079 (1990)

Olin J. DEWBERRY, Jr., Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 3, 1990.

Attorney(s) appearing for the Case

Olin J. Dewberry, Jr., pro se.

Robert A. Butterworth, Atty. Gen. and Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.

WIGGINTON, Judge.

Appellant appeals the trial court's order denying his motion for post-conviction relief, or in the alternative, his motion to correct illegal sentence under Rule 3.800(a). On appeal, appellant argues that in denying the motion, the trial court overlooked his argument made pursuant to Smith v. State, 537 So.2d 982 (Fla. 1989), that his guideline sentence is illegal. The state concedes the point, asserting...

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