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STATE v. HURST

No. 67453.

487 So.2d 1069 (1986)

STATE of Florida, Petitioner, v. Donald E. HURST, Respondent.

Supreme Court of Florida.

May 8, 1986.

Attorney(s) appearing for the Case

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

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for respondent.

PER CURIAM.

We review Hurst v. State, 474 So.2d 280 (Fla. 5th DCA 1985), because of express conflict with State v. Jackson, 478 So.2d 1054 (Fla. 1985). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

The district court ruled that the trial judge erred by applying the committee notes to the sentencing guidelines in effect at the time of sentencing, not those in effect...

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