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GORDON v. STATE

No. 90-2190.

572 So.2d 33 (1991)

Kenneth GORDON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 4, 1991.

Attorney(s) appearing for the Case

Kenneth Lee Gordon, Belle Glade, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Kenneth Gordon appeals the trial court's order denying his motion to correct illegal sentence.

We reverse. Appellant was not under "legal restraint" at the time he committed the crimes which caused him to be placed on probation. Therefore, no points for "legal restraint" should have been scored when appellant was sentenced for the later violation of probation. Carter v. State, 452 So.2d 953 (Fla. 5th DCA...

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