DELGADO v. STATE

No. 3D05-702.

997 So.2d 1161 (2008)

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

District Court of Appeal of Florida, Third District.

December 3, 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 D. Kramer, Assistant Attorney General, for appellee.

Before RAMIREZ and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.


ON MOTION FOR REHEARING

RAMIREZ, J.

On the State's motion for rehearing, we grant the motion, withdraw the opinion rendered on January 30, 2008, and substitute the following in its place. Luis Delgado appeals the denial of his motion under Florida Rule of Criminal Procedure 3.800(a), alleging that the State incorrectly calculated his scoresheet points resulting in a sentence greater than allowed by law. Although the State concedes that some points...

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