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RECENT RELEASES - FLORIDA SUPREME COURT
CRIMINAL LAW--SENTENCING--CORRECTION. Defendant's rule 3.800(a) motion to correct a sentence which was more lenient than the sentence which should have imposed was properly denied by the post conviction court. The district court properly dismissed defendant's appeal from the post conviction court's denial of the motion to correct sentence because the defendant was not prejudiced by the sentence imposed.
CRIMINAL LAW--SENTENCING--LOWEST PERMISSIBLE SENTENCE--EXCESS OF STATUTORY MAXIMUM. In resolving a conflict between the Second and Fifth District Courts of Appeal, the Supreme Court concluded that, under section 921.0024(2), Florida Statues, the lowest permissible sentence (LPS) is an individual minimum sentence where there are multiple convictions subject to sentencing on a single scoresheet. Therefore, to determine whether to increase the maximum sentence based on the application of the LPS exception, the trial court must look to each individual offense before the court for sentencing.