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888 So. 2d 139

Greenler v. State

District Court of Appeal of Florida

Decided November 30, 2004

District Court of Appeal of Florida · decided 2004-11-30

Relies on Ryder TRS, Inc. v. Google

Decided 2004-11-30

PER CURIAM.

¶1The appellant challenges the summary denial of his postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The outcome of this appeal is controlled by our decision in Holt v. State, 808 So.2d 290, 291-92 (Fla. 1st DCA 2002). Accordingly, as in Holt, we reverse and remand for resentencing scoring the primary offense as a Level 7 offense pursuant to the 1994 guidelines.

¶2REVERSED and REMANDED, with directions.

ALLEN, DAVIS and BENTON, JJ., concur.
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