ALLEN v. STATE

No. 2D00-95.

771 So.2d 1245 (2000)

Roy Lee ALLEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 8, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

Allen challenges the forty-year sentence imposed when he violated his probation for attempted first-degree murder. Because the trial court sentenced Allen in excess of the statutory maximum and used an incorrect scoresheet to do it, we reverse and remand for resentencing within the correct guidelines.

The State's amended information charged Allen as follows: Count I—burglary with a battery; Count II—armed robbery (with a tire iron...

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