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SIMMONS v. STATE

No. 89-731.

558 So.2d 180 (1990)

Samuel Edward SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

March 16, 1990.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Cynthia Shaw, Asst. Atty. Gen., Tallahassee, for appellee.

SHIVERS, Chief Judge.

We affirm appellant's first-degree murder conviction in all respects but we vacate his 40-year sentence on count II and remand for resentencing with a guidelines scoresheet. Fla.R.Crim.P. 3.701(d)1.; Lamb v. State, 532 So.2d 1051 (Fla. 1988).

WIGGINTON and BARFIELD...

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