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HERSEY v. STATE

No. 5D01-2314.

831 So.2d 679 (2002)

Scott HERSEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion on Grant of Rehearing September 20, 2002.

Opinion on Grant of Certification December 6, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Hersey appeals his conviction and sentence for robbery with a deadly weapon, aggravated battery, and aggravated assault. We affirm his conviction. The State concedes that the scoresheet used at sentencing was in error. We remand for re-sentencing under a corrected scoresheet without consideration of the "three-strike" enhancement. See Taylor v. State, 818 So.2d 544 (Fla...

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