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MOORE v. STATE

No. 95-2337.

678 So.2d 452 (1996)

Reginald MOORE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 17, 1996.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Terry Carley, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant was convicted of a robbery offense, and because this is an enumerated felony in section 775.087(2), Florida Statutes, the state concedes that under Florida Rule of Criminal Procedure 3.702(d)(12) the sentencing guidelines scoresheet should not have included an assessment of points for the possession of a firearm. The deduction of these points alters the applicable guidelines range for a nondeparture sentence, and thus requires resentencing...

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