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WALLER v. STATE

No. 97-3551.

716 So.2d 836 (1998)

Victor Michael WALLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 28, 1998.

Attorney(s) appearing for the Case

Victor M. Waller, Gainesville, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, Judge.

Victor Waller appeals his conviction for aggravated battery with a firearm.1 He alleges that the trial court erred when it scored the victim injury as severe and added 40 points to his sentencing scoresheet. We affirm.

The evidence adduced at trial shows that Waller shot the victim with a .410 shotgun shell at close range. Six pellets struck the victim and two remain in his body: one lodged in his retina and the...

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