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GRUENBAUM v. STATE

No. 4D06-3048.

952 So.2d 598 (2007)

Nicky GRUENBAUM, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

March 21, 2007.

Attorney(s) appearing for the Case

Nicky Gruenbaum, Okeechobee, pro se.

Bill McCollum, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for respondent.

KLEIN, J.

Gruenbaum has filed a petition alleging ineffective assistance of appellate counsel for failing to file a rule 3.800(b)(2) motion to correct a sentencing error where the scoresheet erroneously included points for sexual penetration. Gruenbaum, who is over fifty years old, argues that, under Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), because the jury did not find penetration, his seventy...

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