RANDOLPH v. STATE

No. 91-221.

591 So.2d 279 (1991)

Johnny RANDOLPH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 9, 1992.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


HARRIS, Judge.

Johnny Randolph was convicted of two counts of aggravated battery with a firearm, second degree felonies. His guideline range was 5 1/2 years to 12 years incarceration.

The trial court, pursuant to the provisions of section 775.087(1), Florida Statutes (1989), reclassified said offenses to first degree felonies and sentenced Randolph to concurrent terms of 10 years in prison to be followed by 10 years probation.

This was error...

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