Toombs v. State

Full title: ROBERT TOOMBS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 6, 1995

658 So. 2d 1105 (Fla. Dist. Ct. App. 1995)

Opinion

No. 93-2077.

July 19, 1995. Rehearing Denied September 6, 1995.

Appeal from the Circuit Court for Palm Beach County; Walter N. Colbath, Jr., Judge.

Richard L. Jorandby, Public Defender and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and William A. Spillias, Asst. Atty. Gen., West Palm Beach, for appellee.

FARMER, Judge.

We affirm defendant's conviction but reverse his habitual felony offender sentence and remand for resentencing in accordance with our instructions in Hartley v. State, 650 So.2d 1044 (Fla. 4th DCA 1995).

STEVENSON, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.