LEWIS v. STATE

No. 91-2804.

599 So.2d 279 (1992)

Mark LEWIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 2, 1992.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before NESBITT, FERGUSON and GODERICH, JJ.


PER CURIAM.

The defendant, Mark Lewis, appeals from a final judgment of conviction and nine-year sentence for robbery. We affirm the judgment of conviction. However, upon a review of the record and the state's concession of error, we remand for resentencing.

Defendant's sentence was based upon a scoresheet which assessed seven points for slight victim injury. However, the state presented no evidence at trial of any injury to the victim. The additional seven...

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