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O'NEAL v. STATE

No. 96-3406.

707 So.2d 1190 (1998)

Emanuel O'NEAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Certification of Question Denied April 27, 1998.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, Judge.

A jury convicted defendant of possession of cocaine, a third degree felony.1 The penalty statute provides a maximum sentence for this conviction of 5 years.2 His sentencing scoresheet, however, showed a recommended sentence of 220.4 months. The trial judge enhanced the recommended sentence within the guidelines range of 25% and sentenced him to 20 years in prison. This appeal follows.

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