McDonald v. State

Full title: STEVEN DARBY McDONALD, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Sep 15, 1982

418 So. 2d 299 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-1020.

July 20, 1982. Rehearing Denied September 15, 1982.

Appeal from Circuit Court, Dade County, Herbert M. Klein, Judge.

Steven Darby McDonald, in pro. per.

Jim Smith, Atty. Gen., for appellee.

Before BARKDULL, HENDRY and BASKIN, JJ.

PER CURIAM.

Petitioner, pursuant to Fla.R.App.P. 9.140(g), having taken this appeal from the summary denial of his motion for post conviction relief under Fla.R.Crim.P. 3.850 and this court having considered the record presented and having further determined that petitioner is entitled to relief, the denial of his motion is reversed.

Remanded for correction of sentence in accordance with Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981).

Reversed and remanded.