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DARST v. STATE

Nos. 5D00-2262, 5D00-2459.

816 So.2d 680 (2002)

Steven DARST, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

March 28, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Linda L. Gaustad, Assistant Public Defender, Daytona Beach, for Appellant/Cross-Appellee.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

PETERSON, J.

Steven Darst appeals the use of a 1.5 multiplier pursuant to section 921.0024(1)(6), Florida Statutes (1999) on his scoresheet for aggravated assault on a law enforcement officer. Darst alleges that the use of the multiplier was improper when his crime was already enhanced by reclassification under section 784.07(2)(c), Florida Statutes (1999). Because he received a downward departure sentence, his minimum mandatory sentence of three years will not be...

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