Maxwell v. State

Full title: CHARLES MAXWELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 18, 1994

645 So. 2d 573 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-35.

November 18, 1994.

Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.

James B. Gibson, Public Defender, and Kenneth Witts, 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.

We vacate the habitual offender sentence imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So.2d 585 (Fla. 5th DCA 1994); Thompson v. State, 638 So.2d 116 (Fla. 5th DCA 1994). See also Cole v. State, 640 So.2d 1194 (Fla. 1st DCA 1994).

Sentence VACATED; cause REMANDED.

PETERSON and DIAMANTIS, JJ., concur.

GRIFFIN, J., dissents without opinion.