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BROWN v. STATE

No. 83-1560.

458 So.2d 313 (1984)

Samuel Lee BROWN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 1, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Judge.

Brown argues that he was improperly sentenced under the guidelines as having committed a felony punishable by a life sentence, thereby elevating the number of points on his sentencing score sheet to 124 rather than 100 points, which was applicable for armed robbery.1 We agree and vacate the sentence.

Brown was adjudicated guilty of two counts of armed robbery. The evidence at trial showed he and an accomplice robbed...

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