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48 So. 3d 927

Crain v. State

District Court of Appeal of Florida

Decided November 22, 2010

District Court of Appeal of Florida · decided 2010-11-22

Relies on 905 So. 2d 111 - State v. Anderson

Decided 2010-11-22

PER CURIAM.

¶1 The appellant appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. The appellant asserts that he was sentenced pursuant to an incorrectly calculated scoresheet. The state concedes that he is entitled to be resen-tenced. See State v. Anderson, 905 So.2d 111 (Fla.2005) (“would-have-been imposed” test applies to scoresheet error claims raised in rule 3.850 motions). Thus, we reverse and remand for the appellant to be resentenced pursuant to a correctly calculated scoresheet. We otherwise affirm the summary denial of the appellant’s motion.

¶2 AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.

PADOVANO, ROBERTS, and MARSTILLER, JJ., concur.
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