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HYLAND v. STATE

No. 3D99-1839.

768 So.2d 1240 (2000)

Excellius Octave HYLAND, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 11, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before COPE and GREEN, J., and NESBITT, Senior Judge.

PER CURIAM.

Excellius Octave Hyland appeals his sentence imposed after his conviction of armed robbery. We reverse the sentencing order and remand for resentencing on authority of Heggs v. State, 759 So.2d 620 (Fla.2000).

In addressing how the defendant's scoresheet should be calculated under the 1994 sentencing guidelines, the State has taken the position that it is allowed to increase the recommended state prison...

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