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PHAM v. STATE

No. 5D00-1468.

762 So.2d 597 (2000)

Duc M. PHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 4, 2000.

Attorney(s) appearing for the Case

Duc M. Pham, Arcadia, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, C.J.,

Due M. Pham appeals the denial of his motion for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. He contends that he was sentenced to 64.2 months in prison under the 1995 sentencing guidelines, and that under the 1994 guidelines, the maximum sentence would have been 45.7 months incarceration. We reverse and remand for further proceedings consistent with Heggs v. State, 759 So.2d 620

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