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CARPENTER v. STATE

No. 1D04-4913.

917 So.2d 962 (2005)

Carl CARPENTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 22, 2005.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant filed a postconviction motion pursuant to Florida Rule of Criminal Procedure 3.800(a), alleging that his sentence for DUI manslaughter is illegal because he committed his offense within the period which entitles him to resentencing under the 1994 guidelines, and his sentence exceeded the guidelines maximum, as well as the statutory maximum. This Court found his claim to be facially sufficient and...

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