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565 So. 2d 896

Allen v. State

District Court of Appeal of Florida

Decided August 22, 1990

District Court of Appeal of Florida · decided 1990-08-22

Decided 1990-08-22

PER CURIAM.

¶1We affirm the defendant’s conviction of robbery with a weapon pursuant to Section 812.13(2)(b), Florida Statutes (1987). We set aside the forty-year sentence imposed as it exceeds the statutory maximum, even though it is within the sentencing guidelines range. The maximum sentence for this crime is thirty years. § 775.082(3)(b), Fla.Stat. (1987).

¶2On the record before us, we note that the defendant was not sentenced as an habitual offender. Therefore, the sentence is reversed and the cause remanded for resen-tencing to thirty years’ imprisonment. The defendant does not have to be present at such resentencing.

SCHOONOVER, C.J., and SCHEB and CAMPBELL, JJ., concur.
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