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LEWIS v. STATE

No. 5D06-248.

952 So.2d 1271 (2007)

Gene LEWIS, Jr., Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

April 13, 2007.

Attorney(s) appearing for the Case

Kurt Erlenbach, of Kurt Erlenbach, P.A., Titusville, for Appellant/Cross-Appellee.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

ORFINGER, J.

Gene Lewis, Jr. timely appeals his sentence for manslaughter with a firearm. Mr. Lewis argues that his scoresheet erroneously increased the level of his offense from a level 7, second-degree felony to a level 8, first-degree felony under section 775.087(1)(b), Florida Statutes (2003), and added an additional eighteen sentence points for the use of a firearm under section 921.0024(1)(b), Florida Statutes (2003...

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