WILLIAM W. GARDNER, JR., APPELLANT,
v.
DADE COUNTY SCHOOL BOARD, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 3d DCA | 1997-12-03
No. 97-2019
Before NESBITT, COPE and GERSTEN, JJ.
701 So. 2d 1233 Florida District Court of Appeal, Third District (1997)

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Synopsis

The appellate court affirmed the trial court's decision, upholding the scoring of eighteen points for firearm possession and the sentence imposed under the 1994 sentencing guidelines.


Holding

The court held that the trial court properly scored eighteen points for firearm possession during the commission of a felony, as authorized by the sentencing guidelines, and affirmed the sentence.


Facts & Procedural History

Gardner was convicted of trafficking in cocaine, possession of marijuana with intent to sell, and carrying a concealed firearm. He appealed his senten…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand for an evidentiary hearing on the question of whether the claimant timely received a copy of the appeals referee’s decision. See Applegate v. National Health Care Affiliates, Inc., 667 So. 2d 332 (Fla. 1st DCA 1995).

Reversed and remanded.


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