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ROOSEVELT HORN, Appellant, v. THE STATE OF FLORIDA, Appellee.

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, 25 Fla. L. Weekly D 2657 (Fla. 3d DCA Nov. 15, 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).

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HORN v. STATE
(Jan 17, 2001)