JACK E. GREENLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2004-11-30
No. 1D04-3373
ALLEN, DAVIS and BENTON, JJ., concur.
888 So. 2d 139 Florida District Court of Appeal, First District (2004)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The 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.

REVERSED and REMANDED, with directions.

ALLEN, DAVIS and BENTON, JJ., concur.


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