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100 So. 3d 1272

Mattear v. State

District Court of Appeal of Florida

Decided November 21, 2012

District Court of Appeal of Florida · decided 2012-11-21

Cited by 1 later decisions — most recently January 2015

1 state decisions

Relies on Mays v. State · Lamore v. State · Buford v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2012-11-21

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PER CURIAM.

¶1The defendant appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. He is correct that because his offenses were committed prior to January 1, 1994, he could not be sentenced beyond the statutory maximum regardless of the range on his guidelines scoresheet. Mays v. State, 717 So.2d 515 (Fla.1998); Buford v. State, 870 So.2d 128 (Fla. 2d DCA 2003). As the state acknowledges, the sentencing law in effect at the time of the crimes controls. See Lamore v. State, 86 So.3d 546 (Fla. 2d DCA 2012).

¶2Accordingly, the circuit court’s order is reversed and this case is remanded for resentencing.

¶3Reversed and Remanded.

MAY, C.J., GROSS and CONNER, JJ., concur.
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