WAGNER v. STATE

No. 97-1555

728 So.2d 794 (1999)

Alfred WAGNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 26, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kelli R. Orndorff, Assistant Attorney General, Daytona Beach, for Appellee.


PETERSON, J.

Alfred Wagner violated the terms of his probation in Circuit Court Case No. 82-1942CFA and elected to be re-sentenced under the guidelines, pursuant to section 921.001(4)(b)1., Florida Statutes (1997). Based on Wagner's scoresheet total, the trial court sentenced him to seven years in the Department of Corrections. Wagner appeals that sentence. Based on Tripp v. State, 622 So.2d 941 (Fla.1993), we find we must...

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