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GARAYOA v. STATE

No. 3D01-2931.

827 So.2d 353 (2002)

Albert GARAYOA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 2, 2002.

Attorney(s) appearing for the Case

Ellis Rubin, and Robert I. Barrar, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before FLETCHER and RAMIREZ, JJ., and NESBITT, Senior Judge.

PER CURIAM.

We affirm because the aggravated battery charge was not erroneously reclassified. See Lareau v. State, 573 So.2d 813, 815 (Fla.1991) (aggravated battery causing great bodily harm and involving the use of a deadly weapon can be enhanced to a first degree felony).

Additionally, the scoring of victim injury is within the sound discretion of the trial court. See Kelly v. State, 701...

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