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STATE v. DAVIDSON

Nos. 95-01166, 95-01399.

666 So.2d 941 (1995)

STATE of Florida, Appellant, v. Robert Eugene DAVIDSON and Margarito G. Lizardo, Appellees.

District Court of Appeal of Florida, Second District.

December 27, 1995.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellees.

FRANK, Judge.

The state has appealed from the sentencing of Margarito Lizardo and Robert Davidson. We have consolidated these matters in order to pass upon the common issue of whether Florida Rule of Criminal Procedure 3.702(d)(12) can permissibly affect a guidelines computation where the predicate felony is carrying a concealed firearm. Contrary to the trial court's view, we have concluded that the rule does apply and thus we reverse and remand for resentencing consistent...

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