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DELGADO v. STATE

No. 3D05-675.

973 So.2d 644 (2008)

Wilfredo DELGADO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied January 30, 2008.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Thomas Regnier, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Jill Kramer Traina, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and SUAREZ and CORTINAS, JJ.

Rehearing and Rehearing En Banc Denied January 30, 2008.

On Motion for Rehearing

SUAREZ, J.

We grant the defendant's motion for rehearing, set aside the opinion of February 14, 2007, and substitute the following opinion:

The defendant appeals the denial of his motion under Florida Rule of Criminal Procedure 3.800(a) on grounds that his sentence was greater than that allowed by law due to the incorrect calculation of his scoresheet...

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