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STATE v. SULLIVAN

No. 97-00994

701 So.2d 633 (1997)

STATE of Florida, Appellant, v. Andrew SULLIVAN, Appellee.

District Court of Appeal of Florida, Second District.

November 12, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Jean-Jacques Darius, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellee.

DANAHY, Acting Chief Judge.

The appellant, the State of Florida, challenges the trial court's sentencing order based on a scoresheet in which the trial court deleted, over the State's objection, eighteen points. The State claims the trial court had no discretion to delete these eighteen points, added pursuant to Florida Rule of Criminal Procedure 3.703(d)(19), for possession of a firearm when the appellee's only crime at sentencing was carrying a concealed firearm...

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