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478 So. 2d 888

478 So.2d 888

10 Fla.L.Weekly 2643

Lowe v. State

District Court of Appeal of Florida

Decided November 27, 1985

District Court of Appeal of Florida · decided 1985-11-27

Decided 1985-11-27

BARFIELD, Judge.

¶1The trial court imposed concurrent six year sentences for third degree felonies. These sentences exceed the statutory limits and are illegal. Florida Statutes 775.-082(3)(d). We note that the lower court scored a conviction from a foreign jurisdiction as a second degree felony when the foreign statute did not track the Florida statute. Fla.R.Crim.P. 3.701(d)(5)a.3. requires that an offense be scored as a third degree felony when the degree of the felony is ambiguous or impossible to determine. We further note that although the plea agreement called for a cap of six years, it did not require the sentences imposed for the separate crimes to be concurrent.

¶2REVERSED and REMANDED for re-sentencing.

WIGGINTON, J„ and WILLIS, BEN C. (Ret.), Associate Judge, concur.
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