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EVANS v. STATE

No. 89-01929.

582 So.2d 131 (1991)

Andrew EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 3, 1991.

Attorney(s) appearing for the Case

Patrick R. Cunningham, Bradenton, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.

HALL, Judge.

The appellant, Andrew Evans, challenges his conviction and sentence for aggravated battery, a second-degree felony, for the shooting of Michael Pompey. We only find merit in his contention that his primary offense at conviction was improperly scored as a First-degree felony.

We reject the state's contention that the appellant's aggravated battery can be reclassified as a first-degree felony pursuant to section 775.087(1), Florida Statutes (1987...

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