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ALEMAN v. STATE

No. 87-857.

535 So.2d 342 (1988)

Fernando F. ALEMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 16, 1988.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Laura Griffin, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., for appellee.

FRANK, Acting Chief Judge.

Aleman, who was convicted of and sentenced for sexual battery and burglary of a dwelling, presents two issues on appeal. The first, that he was incompetent to be sentenced, is without merit. The second, that the judge erroneously scored his prior record, requires reversal of his sentence.

Aleman had been convicted in Texas of burglary of a habitation, a first degree felony under that state's law. The parallel Florida Statute —...

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