PALMER v. STATE

No. 95-1214.

667 So.2d 1018 (1996)

Kevin PALMER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 16, 1996.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.


W. SHARP, Judge.

Palmer argues on appeal that his sentence imposed on April 27, 1995 (111.75 months in prison, including a three year minimum mandatory sentence), should be vacated and this cause remanded for resentencing because the trial judge erroneously added to Palmer's score twenty-five points on his scoresheet for using a "semi-automatic" weapon. The state concedes error.

After a jury trial, Palmer was convicted of aggravated battery with a firearm...

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