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574 So. 2d 320

574 So.2d 320

16 Fla.L.Weekly 533

Smith v. State

District Court of Appeal of Florida

Decided February 20, 1991

District Court of Appeal of Florida · decided 1991-02-20

Relies on 561 So. 2d 554 - Pope v. State

Decided 1991-02-20

PER CURIAM.

¶1We affirm appellant’s conviction and sentence for first degree murder and also affirm his conviction for armed robbery. We reverse his sentence for armed robbery given that the trial court failed to employ the sentencing guidelines contrary to section 921.001(4)(a), Florida Statutes (1989). We remand for the trial court to resentence appellant within the recommended guidelines range. See Pope v. State, 561 So.2d 554 (Fla.1990).

¶2AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

DELL, GUNTHER, JJ., and WALDEN, JAMES C. (Retired), Associate Judge, concur.
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