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WILLIAMS v. STATE

No. 94-2960.

663 So.2d 680 (1995)

Billy E. WILLIAMS a/K/a Johnny Thompson, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 1, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Sean K. Ahmed, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellee.

COBB, Judge.

The defendant, Williams, was convicted of possession and delivery of cocaine in two counts. He was sentenced to sixteen months DOC with 242 days credit for time served on each. The sentences were to run concurrently. At sentencing, Williams challenged a prior conviction and the state concedes it should not have figured in the calculation of the scoresheet.

Assuming that the prior conviction is removed and the total points are reduced to 36.8 points...

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