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STATE v. BOHANNON

No. 88-660.

538 So.2d 1384 (1989)

STATE of Florida, Appellant, v. Glenn L. BOHANNON, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

March 2, 1989.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellant.

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

DANIEL, Judge.

The State appeals the sentence of defendant Glenn Bohannon contending that the trial court used an incorrect scoresheet to determine Bohannon's sentence. We agree and reverse.

The trial court adjudicated Bohannon guilty of DUI manslaughter and aggravated assault and sentenced him pursuant to a category 9 ("all other felony offenses") scoresheet. The state objected to the use of a category 9 scoresheet contending that the DUI manslaughter charge...

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