CHISHOLM v. STATE

No. 95-0778.

667 So.2d 1010 (1996)

Quincy O. CHISHOLM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 14, 1996.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Anne Carrion, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant's sentence to six years in prison, in case no. 93-462, exceeds the guidelines-permitted range of two and one-half to five and one-half years incarceration. At sentencing, the court and all the parties were under the mistaken impression that the range under the scoresheet was three and one-half to seven years.

Although Appellant acknowledged at sentencing that he was facing a potential seven year sentence, this cannot be construed as acquiescence...

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