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FRISON v. STATE

No. 88-704.

533 So.2d 954 (1988)

Andre Lamonta FRISON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 23, 1988.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Colin Campbell, Asst. Atty. Gen., Daytona Beach, for appellee.

SHARP, Chief Judge.

Frison appeals his sentence of 100 years in prison which he received following his conviction for sexual battery with a deadly weapon in violation of section 794.011(3), Florida Statutes (1987). His sentencing guidelines scoresheet totalled 712 points, which corresponded to a recommended life sentence. The statutory maximum sentence for this offense was a term of imprisonment for life or a term of imprisonment not exceeding 40 years. See

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