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CORRY v. STATE

No. 87-353.

515 So.2d 1065 (1987)

Hampton Alonzo CORRY, a/k/a Corry Alonzo Hampton, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 25, 1987.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, Joseph N. D'Achille, Jr., and Kellie A. Nielan, Asst. Attys. Gen., Daytona Beach, for appellee.

PER CURIAM.

Affirmed.

UPCHURCH, C.J., and ORFINGER, J., concur.

SHARP, J., dissents with opinion.

SHARP, Judge, dissenting.

I would quash the sentence imposed by the trial court (3 1/2 years), and once again remand for resentencing.1 This time, the error is the lower court's failure to use the sentencing guidelines in effect at the time the crime was committed, rather than those in effect at the time of...

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