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McAFEE v. STATE

Nos. 5D00-1355, 5D00-1411.

782 So.2d 1023 (2001)

Ruben James McAFEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 27, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, R.B., J.

Ruben James McAfee appeals the sentences imposed after this court remanded this matter for resentencing following an earlier appeal. McAfee v. State, 745 So.2d 590 (Fla. 5th DCA 1999). As directed by this court, the trial judge utilized one sentencing scoresheet for both of McAfee's offenses and sentenced McAfee to 34 months of incarceration, even though the maximum sentence permitted under the guidelines...

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