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TONEY v. STATE

No. 84-134.

456 So.2d 559 (1984)

James Darrell TONEY, a/K/a James N. Toney, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 26, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Larry G. Bryant, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

BOARDMAN, Acting Chief Judge.

We affirm appellant's fifteen-year sentence for armed robbery under section 812.13, Florida Statutes (1983). We agree with appellant's contention, however, that the sentencing guideline scoresheet prepared in conjunction with this case incorrectly assessed seven points against appellant for slight victim injury.

When appellant was sentenced on November 23, 1983, Florida Rule of Criminal Procedure 3.701(d)(7) provided that "[v...

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