Gay v. State

Full title: RICHARD JEROME GAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Oct 30, 1987

514 So. 2d 1125 (Fla. Dist. Ct. App. 1987)

Opinion

No. BQ-346.

October 30, 1987.

Appeal from the Circuit Court for Bay County; Judge Warren H. Edwards.

Michael E. Allen, Public Defender, and Sharon Bradley, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., for appellee.

PER CURIAM.

We elect to treat appellee's motion for relinquishment of jurisdiction as a confession of error on the three points raised in the initial brief, see Hope v. State, 513 So.2d 217 (Fla. 1st DCA 1987). Accordingly, appellant's sentence is vacated and this cause is remanded for resentencing.

MILLS, ERVIN and NIMMONS, JJ., concur.