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LAWLER v. STATE

No. 99-1565.

740 So.2d 1203 (1999)

Theodore LAWLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 24, 1999.

Attorney(s) appearing for the Case

Theodore Lawler, Bushnell, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Theodore Lawler appeals the denial of his motion to correct an illegal sentence. He claims that his habitual offender life sentence was an upward departure sentence that is illegal because his offense, conviction and sentence all occurred before the sentencing guidelines were adopted by the legislature on July 1, 1984. If that allegation were supported by the record, his sentence would be unconstitutional. See Smith v. State, 537...

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