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FLEMING v. STATE

No. 1D05-3411.

139 So.3d 902 (2006)

Christian FLEMING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 21, 2006.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender; P. Douglas Brinkmeyer , Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist , Attorney General; Carolyn J. Mosley , Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant appeals his sentence entered after resentencing pursuant to the 1994 sentencing guidelines, alleging that the trial court scored 40 points for severe victim injury without a jury finding, and made an upward departure based in part on three grounds found by the trial court and not the jury in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) and Blakely v. Washington...

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