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SMITH v. STATE

No. 93-520.

629 So.2d 281 (1993)

Joseph L. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 17, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and S.C. Van Voorhees, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.

PETERSON, Judge.

Joseph L. Smith was on probation in three cases, 90-2062, 90-2238 and 90-2239, when he committed three new crimes. At sentencing, one scoresheet was used to score all six cases. The three new cases resulted in convictions and sentences as a habitual felony offender; we affirm those.

The State concedes that the use of a new scoresheet to sentence Smith on the three cases enumerated above was error. Holloman v. State,

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