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ALLEN v. STATE

No. 96-4538.

702 So.2d 301 (1997)

Leslie Newton ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 15, 1997.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Laura Anstead, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Trina Kramer, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

As the state concedes, the defendant's guideline sentence of five and one-half years must be reversed because it exceeds the statutory maximum for the offense of possession of marijuana with intent to distribute. The offense was committed on September 30, 1993. At that time, the statutory maximum was the outer limit of a legal sentence regardless of the defendant's sentencing guidelines score. If the guideline sentence exceeded the statutory maximum, the...

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