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RICE v. STATE

No. 88-1704.

546 So.2d 784 (1989)

Tony Anthony RICE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

July 20, 1989.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

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

PER CURIAM.

The defendant was sentenced in case number 87-344-CF on July 21, 1988, in Putnam County, Florida, by one circuit judge and on the same day in the same county, he was sentenced on case number 88-400-CF by another circuit judge. Each judge used a separate and different sentencing guidelines scoresheet with each scoresheet showing a different prior record.

The use of two scoresheets to calculate the defendant's two sentences was error

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