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.