Opinion
No. 81-1770.
November 3, 1982.
Appeal from Circuit Court, Broward County; Russell E. Seay, Jr., Judge.
Cleveland Arnold, Polk City, pro se, appellant.
Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant's conviction for manslaughter is affirmed, but the sentence which included a mandatory three year minimum is vacated. See Akins v. State, 366 So.2d 1262 (Fla. 4th DCA 1979); Jones v. State, 356 So.2d 4 (Fla. 4th DCA 1977). Accordingly, the cause is remanded for resentencing. Appellant, however, need not be present at the resentencing.
Affirmed, but remanded for resentencing.
HURLEY and DELL, JJ., and GEIGER, DWIGHT L., Associate Judge, concur.