Fryson v. State

Full title: JOHNNY LEE FRYSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Sep 12, 1990

566 So. 2d 374 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1442.

September 12, 1990.

An Appeal from the Circuit Court for Leon County; Charles McClure, Judge.

Michael E. Allen, Public Defender and Lawrence M. Korn, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Johnny Lee Fryson has appealed from a departure sentence imposed after remand for re-sentencing. See Fryson v. State, 506 So.2d 1117 (Fla. 1st DCA), disapproved 533 So.2d 294 (Fla. 1988). We affirm as to all issues, without prejudice to presenting the issue of consecutive minimum mandatory terms to the trial court in a motion pursuant to Rule 3.850, Florida Rules of Criminal Procedure.

AFFIRMED.

ERVIN, JOANOS and BARFIELD, JJ., concur.