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HAYES v. STATE

No. 94-02985.

667 So.2d 454 (1996)

Kenneth N. HAYES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 31, 1996.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and D.P. Chanco, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne E. Sheer, Assistant Attorney General, Tampa, for Appellee.

RYDER, Acting Chief Judge.

Kenneth Hayes contends that he was illegally sentenced because his sentence in Case No. 93-14171 for attempted robbery exceeds the statutory maximum and that the absence of a guidelines scoresheet filed in the appellate record for either Case No. 93-14171 or 93-15570 raises a question whether the judge properly sentenced him without first computing the presumptive sentence. The state concedes that the case should be remanded for resentencing...

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