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TERRY v. STATE

No. 3D00-2247.

789 So.2d 1177 (2001)

Richard Lee TERRY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 11, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, RAMIREZ, JJ.

RAMIREZ, J.

Richard Lee Terry appeals the denial of his motion to correct illegal sentence pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Because Terry's claim is cognizable under rule 3.800(a) and the offenses underlying his violation of probation that occurred prior to October 1, 1986 should have been scored as additional offenses, we reverse and remand the case to the trial court with directions that Terry be resentenced. The original opinion rendered...

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