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630 So. 2d 656

Ballard v. State

District Court of Appeal of Florida

Decided January 14, 1994

District Court of Appeal of Florida · decided 1994-01-14

Relies on 591 So. 2d 930 - Karchesky v. State

Decided 1994-01-14

PER CURIAM.

¶1We find no error save in the calculation of the defendant’s scoresheet. It was error to score twenty points for victim injury. Karchesky v. State, 591 So.2d 930 (Fla.1992). Because the lower court expressed an intent to “stick with the recommended sentence” and because the deletion of victim injury points will drop the recommended range to below the sentence given, we vacate the sentence and remand for resentencing.

¶2Judgment AFFIRMED; sentence VACATED; REMANDED for resentencing.

HARRIS, C.J., and GRIFFIN and THOMPSON, JJ., concur.
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