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Whetstone v. State

District Court of Appeal of Florida, First District
Jul 9, 1982
415 So. 2d 777 (Fla. Dist. Ct. App. 1982)

Opinion

Nos. ZZ 469, AB-29.

May 28, 1982. Rehearing Denied July 9, 1982.

Appeals from Circuit Court, Taylor County; Royce Agner, Judge.

John R. Weed of Weed Bishop, Perry, for Whetstone, appellant/appellee.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for the State, appellee/appellant.


The judgment is affirmed for lack of an appropriate record. Salomon v. State, 385 So.2d 148 (Fla. 3d DCA 1980). On the State's appeal, the sentence is vacated and the case remanded for imposition of the mandatory minimum sentence required by section 893.135, Florida Statutes (1981), and State v. Benitez, 395 So.2d 514 (Fla. 1981), which was decided after the sentencing in this case. Whetstone need not be present at resentencing.

AFFIRMED in part, REVERSED in part.

ROBERT P. SMITH, Jr., Chief Judge, and ERVIN and SHAW, JJ., concur.


Summaries of

Whetstone v. State

District Court of Appeal of Florida, First District
Jul 9, 1982
415 So. 2d 777 (Fla. Dist. Ct. App. 1982)
Case details for

Whetstone v. State

Case Details

Full title:IRVIN W. WHETSTONE, APPELLANT, v. STATE OF FLORIDA, APPELLEE. STATE OF…

Court:District Court of Appeal of Florida, First District

Date published: Jul 9, 1982

Citations

415 So. 2d 777 (Fla. Dist. Ct. App. 1982)