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JEFFERSON v. STATE

No. 91-02068.

595 So.2d 585 (1992)

Thomas JEFFERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 25, 1992.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Megan Olson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Thomas Jefferson appeals the summary denial of his motion to correct his illegal sentence. Upon revocation of the appellant's probation, the trial court sentenced him to four and one-half years in prison for shooting at or into a building. The upper limit of the permitted range of the next higher cell was three and one-half years' incarceration. Because the court sentenced the appellant beyond the permitted range of the next higher cell, we remand

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