Kelly v. State

Full title: ALPHONSE KELLY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 25, 1990

555 So. 2d 962 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-1847.

January 25, 1990.

Appeal from the Circuit Court for Lake County; Jerry T. Lockett, Judge.

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The order of the trial court resentencing the defendant on August 29, 1989, is hereby reversed due to lack of jurisdiction. Upon remand, the trial court will resentence the defendant.

DANIEL, C.J., and COBB and COWART, JJ., concur.