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572 So. 2d 33

Gordon v. State

District Court of Appeal of Florida

Decided January 4, 1991

District Court of Appeal of Florida · decided 1991-01-04

Relies on Carter v. State · Dawson v. State · 470 So. 2d 75 - Higgs v. State

Decided 1991-01-04

PER CURIAM.

¶1Kenneth Gordon appeals the trial court’s order denying his motion to correct illegal sentence.

¶2We reverse. Appellant was not under “legal restraint” at the time he committed the crimes which caused him to be placed on probation. Therefore, no points for “legal restraint” should have been scored when appellant was sentenced for the later violation of probation. Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984); See also Higgs v. State, 470 So.2d 75 (Fla. 3d DCA 1985).

¶3Although appellant’s sentence may ultimately be the same because of Rule 3.701 d.14, Florida Rules of Criminal Procedure, or the scoring omission of another prior felony conviction, he is entitled to be resen-teneed with the trial judge using a corrected scoresheet. Dawson v. State, 532 So.2d 89 (Fla. 4th DCA 1988).

¶4REVERSED AND REMANDED FOR RESENTENCING.

DOWNEY, STONE and GARRETT, JJ., concur.
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