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GREENLER v. STATE

No. 1D04-3373.

888 So.2d 139 (2004)

Jack E. GREENLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 30, 2004.

Attorney(s) appearing for the Case

Appellant, pro se.

Charlie Crist, Attorney General; Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The outcome of this appeal is controlled by our decision in Holt v. State, 808 So.2d 290, 291-92 (Fla. 1st DCA 2002). Accordingly, as in Holt, we reverse and remand for resentencing scoring the primary offense as a Level 7 offense pursuant to the 1994 guidelines.

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