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NAPIER v. STATE

No. 97-3444

724 So.2d 190 (1999)

Gary Dan NAPIER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 22, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Mark E. Walker, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Kristina White, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct appeal, appellant asserts that he was erroneously assessed four legal status points on his sentencing guidelines score sheet. The state contends the error was not preserved for review, and we agree. Therefore we AFFIRM the conviction and sentence, without prejudice to appellant to file an appropriate post-conviction motion. See Tanner v. State, 724 So.2d 643 (Fla. 1st DCA 1999).

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