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SIMPSON v. STATE

No. 93-3973.

638 So.2d 621 (1994)

Robert Lee SIMPSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 5, 1994.

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 Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Robert Lee Simpson appeals the sentence imposed upon revocation of probation. We reverse and remand for resentencing.

Simpson correctly asserts that the sentencing guidelines scoresheet improperly classified the primary offense at conviction as a second degree felony rather than a third degree felony and that the sentence imposed exceeded the statutory maximum sentence for a third degree felony. The transcript of the sentencing hearing, however...

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