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HORN v. STATE

District Court of Appeal of Florida, Third District.
Jan 17, 2001

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).