Opinion
No. 91-1178.
May 27, 1994.
Appeal from the Circuit Court for Osceola County; Belvin Perry, Jr., Judge.
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.
In Sirmons v. State, 603 So.2d 82 (Fla. 5th DCA 1992), we held that the only meritorious issue on appeal was Sirmons' claim of a double jeopardy violation. We concluded that no violation had occurred but the decision was quashed in Sirmons v. State, 634 So.2d 153 (Fla. 1994), and the case was remanded to this court.
Accordingly we vacate the conviction and sentence for theft of an automobile, affirm all other convictions, and remand for resentencing on the remaining offenses. On remand, the court may again consider departure.
VACATED IN PART; REMANDED.
HARRIS, C.J., and GRIFFIN, J., concur.