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MURPHY v. STATE

Nos. 83-1660, 83-1662.

459 So.2d 337 (1984)

Dale Ray MURPHY, Etc., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 26, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

Appellant was sentenced to two concurrent five year terms for two separate charges of sale and delivery of cannabis. He later moved to correct the sentences arguing that he should have been sentenced under the new sentencing guidelines, Florida Rule of Criminal Procedure 3.701. The motion was granted, the sentences set aside, and a new sentencing hearing held.

At this hearing, a scoresheet was presented which recommended any...

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