JOSEPH J. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this direct criminal appeal, appellant challenges both his convictions and his sentences. We conclude that the challenge to the convictions lacks merit. Accordingly, we affirm the convictions without further discussion. However, because it appears from the face of the record that three convictions scored under “prior record” for purposes of computing the guidelines scoresheet were pending before this court on direct appeal at the time of sentencing, we vacate appellant’s sentences and remand to the trial court for resentencing using a recalculated scoresheet which omits those three convictions. See Peterson v. State, 651 So. 2d 781 (Fla. 4th DCA), review granted, 658 So. 2d 992 (Fla.1995).
CONVICTIONS AFFIRMED; SENTENCES VACATED; and CASE REMANDED, with directions.
WOLF, WEBSTER and VAN NORTWICK, JJ., concur.
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Grady R. Brye, Sr. v. State, 677 So. 2d 1357 (Fla. 1st DCA 1996)…sentence is illegal in that certain uncounseled convictions were improperly scored in the calculation of his guidelines, sentence. This claim may not be raised for the first time by a motion for post-conviction relief. See State [*1358] v. Lindsey, 660 So. 2d 406 (Fla. 5th DCA 1990); Stewart v. State, 511 So. 2d 375 (Fla. 1st DCA 1987); Lomont v. State, 506 So. 2d 1141 (Fla. 2d DCA 1987). However, we must reverse the summary denial of appellant’s alternative claim for relief that trial counsel rendered ine…
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Weeks v. State, 696 So. 2d 1319 (Fla. 1st DCA 1997)…mes and thus are illegal. Black v. State, 658 So. 2d 672 (Fla. 1st DCA 1995) (holding illegal a twenty-year sentence for a second-degree felony and remanding for re-sentencing, despite that defendant pleaded unreservedly); see also Pearson v. State, 660 So. 2d 406 (Fla. 1st DCA 1995) (holding illegal a thirty-year sentence for a third-degree felony, observing that the maximum sentence for a third-degree felony is five years, and remanding for imposition of a legal sentence). The instant case therefore must be…
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State v. Hall, 669 So. 2d 1047 (Fla. 1996)…WELLS, Justice. We have for review Hall v. State, 660 So. 2d 406 (Fla. 1st DCA 1995), in which the district court addressed the same question we recently answered in State v. Peterson, 667 So. 2d 199 (Fla.1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In Peterson, we held that under the sentencing…
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- Ezekiel Peterson v. State, 651 So. 2d 781 (Fla. 4th DCA 1995)