         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D18-4316
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EDWARD ABRUSCATO,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Clay County.
John H. Skinner, Judge.

                         August 13, 2019


      ON MOTION FOR REHEARING OR FOR WRITTEN OPINION

     We deny Appellant’s motion for rehearing, grant his motion
for written opinion, and substitute the following opinion for the
original one.

PER CURIAM.

     AFFIRMED. See Butler v. State, 838 So. 2d 554, 556 (Fla. 2003)
(“[W]hen section 921.024(2) [Fla. Stat.] applies so that the
statutory maximum as provided in section 775.082[] is exceeded by
the lowest permissible sentence under the code, the lowest
permissible sentence under the code becomes the maximum
sentence which the trial judge can impose.”); see also Busbee v.
State, 187 So. 3d 1266, 1268-69 (Fla. 1st DCA 2016) (concluding
lowest permissible sentence under code scoresheet would be
appropriate rather than statutory maximum for two crimes
committed).

WOLF, MAKAR, and KELSEY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Michael Ufferman of Michael Ufferman Law Firm, P.A.,
Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant
Attorney General, Tallahassee, for Appellee.




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