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DOAK v. STATE

No. 95-00232.

671 So.2d 845 (1996)

David R. DOAK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 12, 1996.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Megan Olson, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Scott A. Browne, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

The appellant, David R. Doak, challenges his judgments and sentences for first-degree murder and robbery with a deadly weapon. We conclude there is no error as to Doak's convictions and affirm. We remand this cause for resentencing, however, on the robbery offense.

Doak contends that since first-degree murder is a capital offense and is not subject to the guidelines, his conviction therefor should...

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