MARK LEWIS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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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 points for victim injury raised defendant’s total guidelines score one level from 120 points to 127 points, resulting in the imposition of the nine year sentence. If properly scored, defendant should have been sentenced to at most seven years imprisonment. See Fernandez v. State, 555 So. 2d 437, 439 (Fla. 3d DCA 1990); Fla.R.Crim.P. 3.701(d)(7).
Accordingly, while the judgment of conviction appealed from is affirmed, the cause is remanded for resentencing within the guidelines.
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Procacci Commercial Realty, Inc. v. Dep't OF Health & Rehabilitative Servs., 690 So. 2d 603 (Fla. 1st DCA 1997)…rds against an agency may in appropriate circumstances encompass fees and costs “for the administrative proceeding and the appellate proceeding,” § 120.595(5), Fla.Stat. (Supp.1996), see Titzel v. Department of Profl Regulation, Bd. of Profl Eng’rs, 599 So. 2d 279 (Fla. 1st DCA 1992); Johnston v. Department of Prof'l Regulation, Bd. of Med. Exam’rs, 456 So. 2d 939 (Fla. 1st [*610] DCA 1984), neither former section 120.57(l)(b)10. nor its successor authorizes an award against a private party for costs or fees…
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- Fernandez v. State, 555 So. 2d 437 (Fla. 3d DCA 1990)