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SMITH v. STATE

No. 93-1892.

627 So.2d 120 (1993)

Carl SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 3, 1993.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Joe S. Garwood, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Carl Smith appeals a final judgment that revokes his probation for burglary and grand theft and imposes a 6-year prison sentence for the burglary and a concurrent 5-year prison term for the grand theft. Smith raises two contentions: (1) the 6-year sentence for the burglary is illegal because it exceeds the one-cell bump up from the original scoresheet range, or a maximum of 5 1/2 years in prison, which he could have received for violating probation; and...

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