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McNEAL v. STATE

No. 94-737.

653 So.2d 1122 (1995)

Michael Angelo McNEAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 24, 1995.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender and Abel Gomez, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and William J. Bakstran, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Judge.

In this direct appeal of a conviction and sentence for attempted aggravated battery, appellant contends the trial court erred in accepting a sentencing guidelines scoresheet which reclassified the primary offense from a third to a second degree felony pursuant to section 775.087(1), Florida Statutes,1 because in this case, the use of a weapon was an essential element of the offense. The reclassification resulted in appellant...

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