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STATE v. JOINER

No. 86-993.

498 So.2d 1017 (1986)

STATE of Florida, Appellant, v. Bruce Henry JOINER, Appellee.

District Court of Appeal of Florida, Fifth District.

December 11, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Joseph N. D'Achille, Jr., Asst. Atty. Gen., Daytona Beach, for appellant.

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

ORFINGER, Judge.

The defendant was convicted by a jury and adjudicated guilty by the court of robbery with a weapon. Instead of calculating the guideline sentence on a Category 3 (robbery) scoresheet, which would have produced a recommended sentence of 3 1/2 to 4 1/2 years in prison, the trial court used a Category 4 (violent personal crimes) scoresheet, which produced a recommended sentence of community control or 12-30 months in prison. Recognizing that this was...

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