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CABRERIZA v. STATE

No. 3D03-2211.

871 So.2d 1018 (2004)

David CABRERIZA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 28, 2004.

Attorney(s) appearing for the Case

David Cabreriza, proper person.

Charles J. Crist, Jr., Attorney General, and Jill Traina, Assistant Attorney General, for appellee.

Before COPE, GERSTEN, and RAMIREZ, JJ.

PER CURIAM.

David Cabreriza ("the defendant") appeals the trial court's denial of his motion to correct illegal sentence. As the State properly concedes, the trial court erred in scoring the first degree murder as an offense for conviction on the sentencing guideline scoresheet, since the guidelines apply only to noncapital felonies. See Doak v. State, 671 So.2d 845 (Fla. 2d DCA 1996); Stuart v. State,

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