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VICKERS v. STATE

No. 5D03-2069.

891 So.2d 627 (2005)

Keith VICKERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 28, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and LaMya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

Keith Vickers appeals his resentencing in a Florida Rule of Criminal Procedure 3.800 proceeding in which the trial court and the State agreed that his original sentence was erroneously imposed using a 1995 scoresheet. The court and the parties correctly concluded that because Vickers committed the crimes for which he was sentenced at a time when the 1995 guidelines were not effective, he should have been sentenced pursuant to the 1994 guidelines.

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