Lunford v. State

Full title: CLYDE BERNARD LUNFORD, APPELLANT, v. STATE OF FLORIDA, APPELLEE. ROBERT…

Court: District Court of Appeal of Florida, First District

Date published: Apr 30, 1982

412 So. 2d 912 (Fla. Dist. Ct. App. 1982)

Opinion

Nos. AG-361, AG-362 and AG-364.

April 5, 1982. Rehearing Denied April 30, 1982.

Appeal from Circuit Court, Duval County; Lawrence D. Fay and Ralph W. Nimmons, Judges.

David J. Busch, Asst. Public Defender, Tallahassee, for appellants.

Jim Smith, Atty. Gen., Tallahassee, Harry M. Hipler, Asst. Atty. Gen., Jacksonville, for appellee.

PER CURIAM.

AFFIRMED. Williams v. State, 405 So.2d 436 (Fla. 1st DCA 1981).

MILLS and LARRY G. SMITH, JJ., concur.

SHAW, J., dissents with opinion.

SHAW, Judge, dissenting.

The appellants successfully attacked illegal sentences and upon being resentenced were given what I view as more severe sentences. It is my opinion that North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969) is applicable. See dissent in Adams v. State, 414 So.2d 1079 (Fla. 1st DCA 1982).