Opinion
No. 88-2406.
August 1, 1989.
An Appeal from the Circuit Court for Monroe County; Jefferson Overby, Judge.
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.
Before BARKDULL, HUBBART and BASKIN, JJ.
The state having confessed error in certain sentencing orders under review, they are hereby reversed, set aside and the matter is returned to the trial court for resentencing as to Counts I and IV which relate to burglary and battery. See Fitch v. State, 533 So.2d 327 (Fla. 1st DCA 1988); Lewis v. State, 528 So.2d 142 (Fla. 1st DCA 1988).