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DELAPIERRE v. STATE

No. 1D00-4108.

808 So.2d 277 (2002)

Hilliard DELAPIERRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 1, 2002.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Karen Armstrong, Assistant Public Defender, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed. See Hummel v. State, 782 So.2d 450, 451 (Fla. 1st DCA 2001)("if a person's sentence imposed under an erroneous scoresheet could have been imposed under a corrected scoresheet (without a departure) then that person shall not be entitled to resentencing").

PADOVANO and POLSTON, JJ., concur. KAHN, J., concurs with opinion.

KAHN, J., concurring.

I concur in the result. As the majority...

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