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RUBIER v. STATE

No. 87-722.

530 So.2d 523 (1988)

Eugenio RUBIER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 13, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marcia J. Silvers, Special Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Ralph Barreira, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., BASKIN, J., and JOSEPH P. McNULTY, Associate Judge.

PER CURIAM.

We affirm appellant's conviction of second-degree murder (of Caceres), attempted third-degree murder (of Perez), shooting into an occupied vehicle and displaying a firearm while committing a felony.

In computing appellant's sentence for attempted third-degree murder, the trial judge included 21 points for the injury to Perez, which raised appellant's guidelines sentence to the 17-22 years range. The guidelines in effect in January, 1986, the date...

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