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502 So. 2d 1324

502 So.2d 1324

12 Fla.L.Weekly 635

Jolly v. State

District Court of Appeal of Florida

Decided February 25, 1987

District Court of Appeal of Florida · decided 1987-02-25

Relies on 486 So. 2d 592 - Funchess v. Wainwright · Bradley v. State · 479 So. 2d 865 - Hallback v. State

Decided 1987-02-25

PER CURIAM.

¶1We affirm appellant’s conviction. However, we reverse the sentence imposed by the trial court. The trial court incorrectly scored appellant's violation of probation as a prior record conviction. The violation of probation should have been scored as the primary offense because it was an offense pending before the court at the time of the sentencing. Rule 3.701(d)(4), Fla.R.Crim.P. See also State v. Salsberry, 487 So.2d 402 (Fla. 5th DCA 1986); Bradley v. State, 480 So.2d 647 (Fla. 2d DCA 1985), cause dismissed, 486 So.2d 595 (Fla.1986) and Hallback v. State, 479 So.2d 865 (Fla. 5th DCA 1985).

¶2AFFIRMED IN PART; REVERSED IN PART and REMANDED FOR RESEN-TENCING.

DELL, WALDEN and GUNTHER, JJ., concur.
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