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BARKER v. STATE

No. 96-1679.

693 So.2d 648 (1997)

Tom BARKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied June 4, 1997.

Attorney(s) appearing for the Case

David W. Olson, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Although we affirm appellant's conviction, we reverse the sentence. It was error to assess additional points for legal status in the absence of record evidence that defendant was on post-trial release as opposed to pre-trial release.

REVERSED AND REMANDED FOR RESENTENCING.

GUNTHER, C.J., and DELL and FARMER...

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