DUHART V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 JERMAINE TYNELL DUHART, Petitioner, ** THE STATE OF FLORIDA, Respondent. CASE NO. 3D00-2738 ** vs. ** LOWER TRIBUNAL NO. 97-10047 ** ** Opinion filed December 19, 2001. A Case of Original Jurisdiction - Habeas Corpus. Jermaine Tynell Duhart, in proper person. Robert A. Butterworth, Attorney General, Assistant Attorney General, for appellee. and Erin K. Zack, Before JORGENSON, COPE, and GODERICH, JJ. PER CURIAM. Defendant seeks a writ of habeas corpus alleging ineffective assistance of appellate counsel. Based on the State's proper confession of error we remand for resentencing in Circuit Court cases 91-1730 and 93-32884 because of calculation errors in the scoresheet. merit in the remaining points. We find no Petition granted in part; denied in part; remanded.

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