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CARTER v. STATE

No. 90-1234.

575 So.2d 802 (1991)

Patrick CARTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 13, 1991.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Tanja Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

POLEN, Judge.

We find that the trial court erred in its sentencing of the appellant in the instant case. The maximum sentence allowable under the guidelines was seventeen years, including the allowable one-cell increase for the appellant's violation of probation. Ree v. State, 565 So.2d 1329 (Fla. 1990). The trial court imposed seventeen years prison time and then added on a consecutive fifteen-year sentence for the appellant...

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