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LICATA v. STATE

Nos. 4D99-4336, 4D99-4366.

788 So.2d 1063 (2001)

Cynthia LICATA, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 30, 2001.

Attorney(s) appearing for the Case

William S. Abramson, West Palm Beach, for appellant/cross-appellee.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan Odzer Hugentugler, Assistant Attorney General, Fort Lauderdale, for appellee/cross-appellant.

ON MOTION FOR REHEARING

GROSS, J.

We grant the state's motion for rehearing on the cross-appeal.

Appellant was convicted after a jury trial of aggravated battery with a deadly weapon, a baseball bat. The sentencing guidelines scoresheet reflected a "lowest permissible prison sentence" of 34.8 months. The trial judge sentenced appellant to three years imprisonment, followed by two years probation. The court ordered 217 days credit for time...

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