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THOMPSON v. STATE

No. 90-1259.

585 So.2d 1130 (1991)

Elvin Richard THOMPSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 17, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Richard Fechter, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.

PER CURIAM.

The sentence imposed below is vacated and the cause remanded for resentencing on a properly calculated guidelines scoresheet. See Gordon v. State, 572 So.2d 33 (Fla. 4th DCA 1991); Dawson v. State, 532 So.2d 89 (Fla. 4th DCA 1988). Since the defendant was subject only to a mutual restraining order in his dissolution proceeding, points may not be included for "legal status...

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