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SPELL v. STATE

No. 97-00572.

731 So.2d 9 (1999)

John Wayne SPELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 20, 1999.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Patricia A. Paterson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Corcoran, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

John Wayne Spell challenges the imposition of forty victim injury points on the scoresheet prepared on resentencing after his violation of community control. Because we find that the trial court should have corrected Spell's scoresheet by deletion of the victim injury points, we reverse.

Spell relies on this court's opinion in Wright v. State, 707 So.2d 385 (Fla. 2d DCA 1998), to advance his argument that...

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