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McGREEVEY v. STATE

No. 971544.

717 So.2d 1111 (1998)

Irene McGREEVEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 25, 1998.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley and Belle B. Turner, Assistant Attorneys General, Daytona Beach, for Appellee.

W. SHARP, Judge.

McGreevey challenges her sentence of 66 months incarceration on the ground that she received an excessive score because the injuries she inflicted on the victim were "slight" rather than "moderate," and she was given no opportunity to raise or contest this issue. We agree that an evidentiary hearing is necessary in this case and remand for that purpose.

McGreevey was charged with aggravated child abuse.1 Shortly...

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