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DOUGLAS v. STATE

No. 95-642.

661 So.2d 853 (1995)

Jerry Robin DOUGLAS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied October 26, 1995.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for appellant.

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

DAUKSCH, Judge.

This is an appeal from a sentence. Appellant was charged with uttering a forgery.

The information charged the crime occurred on August 8, 1994 even though the arrest report said the crime occurred on August 8, 1993. The date is significant because the recommended guidelines sentence is more lenient in 1994 than 1993. The only "evidence" before the trial court regarding the date of commission of the crime was the charging document and the stipulation...

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