Thompson v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2009 THANE THOMPSON, Appellants, v. STATE OF FLORIDA, Appellees. No. 4D08-2601 [January 6, 2010] PER CURIAM. Appellant, Thane Thompson, appeals his convictions and sentence for home invasion robbery (count I) and grand theft (count II). Without discussion, we affirm Thompson s convictions. However, it appears that Thompson s sentence for home invasion robbery was improperly calculated o n th e Criminal Punishment Code scoresheet as a level 10 offense not the appropriate level 8 offense. Although not preserved for direct appeal, Thompson is free to raise this issue by way of a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.800(a). Affirmed. HAZOURI, DAMOORGIAN and CIKLIN, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Peter M. Weinstein, Judge; L.T. Case No. 07-009842 CF10A. Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, a n d Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing.

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