ROGER B. THOMAS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Roger B. Thomas, appeals the denial of his motion to correct illegal sentence pursuant to Rule 3.800, Florida Rules of Criminal Procedure. We find no merit to his arguments except that he is correct, as conceded by the state, that the court should have used a 1994 scoresheet to calculate the appropriate guideline range for his burglary sentence. Since, however, his burglary sentence runs concurrently with his habitual violent offender sentence for robbery, which was not affect ed by the 1995 guidelines, resentencing using a corrected scoresheet for the burglary would not affect his overall sentence and would therefore be an exercise in futility. See State v. McBride, 848 So. 2d 287 (Fla.2003); McCoy v. State, 876 So. 2d 1243 (Fla. 3d DCA 2004); Richmond v. State, 867 So. 2d 449 (Fla. 3d DCA 2004); Hummel v. State, 782 So. 2d 450 (Fla. 1st DCA 2001). We therefore affirm the order under review.
Affirmed.
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Clemons v. State, 907 So. 2d 1259 (Fla. 5th DCA 2005)…PER CURIAM. AFFIRMED. See Thomas v. State, 905 So. 2d 159 (Fla. 3d DCA 2005). THOMPSON, ORFINGER and TORPY, JJ., concur.…
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Coloma v. State, 908 So. 2d 1177 (Fla. 3d DCA 2005)…PER CURIAM. Affirmed. See Thomas v. State, 905 So. 2d 159 (Fla. 3d DCA 2005).…
Authorities Cited
- State v. Antoine L. McBRIDE, 848 So. 2d 287 (Fla. 2003)
- Hummel v. State, 782 So. 2d 450 (Fla. 1st DCA 2001)
- IVY v. Moore, 782 So. 2d 450 (Fla. 1st DCA 2001)
- McCOY v. State, 876 So. 2d 1243 (Fla. 3d DCA 2004)
- Tivan Johnson v. State, 867 So. 2d 449 (Fla. 3d DCA 2004)
- Richmond v. State, 867 So. 2d 449 (Fla. 3d DCA 2004)