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Horn v. State
775 So. 2d 1007
Fla. Dist. Ct. App.
2001
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775 So.2d 1007 (2001)

Roosevelt HORN, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D00-1541.

District Court of Appeal of Florida, Third District.

January 17, 2001.

Roosevelt Horn, in proper person.

Robert A. Butterworth, Attorney General, and Margaret Brenan, Assistant Attorney General, for appellee.

Before COPE, GERSTEN and GREEN, JJ.

PER CURIAM.

Roosevelt Horn appeals an order denying his motion under Florida Rule of Criminal Procedure 3.800(a). Defendant-appellant Horn contends that there is an incorrect calculation in his sentencing guidelines scoresheet. We need not address that claim because defendant was sentenced as a habitual offender and the guidelines scoresheet is irrelevant. See § 775.084(4)(g), Fla.Stat. (1995); McKnight v. State, 773 So.2d 577 (Fla. 3d DCA 2000). Defendant argues that his ten-year sentences exceed the legal maximum, but that is not so. Ten years is the legal maximum for a habitualized third degree felony. § 775.084(4)(a)3., Fla.Stat. (1995).

Affirmed.

Case Details

Case Name: Horn v. State
Court Name: District Court of Appeal of Florida
Date Published: Jan 17, 2001
Citation: 775 So. 2d 1007
Docket Number: 3D00-1541
Court Abbreviation: Fla. Dist. Ct. App.
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