MASSALENE v. STATE

No. BT-101.

524 So.2d 1122 (1988)

Emory MASSALENE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 11, 1988.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Kenneth L. Hosford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Kurt L. Barch, Asst. Atty. Gen., Tallahassee, for appellee.


NIMMONS, Judge.

Appellant appeals from his conviction and sentence for trafficking in cocaine. We affirm the conviction but reverse the sentence and remand for a new sentencing hearing.

At the sentencing hearing, counsel for the defendant challenged a July 1978 grand larceny conviction which appeared on the presentence investigation report and was scored as a prior conviction on the sentencing guidelines scoresheet. The scoring of such offense placed the defendant...

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