Avery v. State

Full title: BERNADETTE AVERY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: May 21, 1993

617 So. 2d 1171 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2120.

May 21, 1993.

Appeal from the Circuit Court for Volusia County; R. Michael Hutcheson, Judge.

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara Arlene Fink, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

The state properly concedes that this case, still in the appellate "pipeline", is controlled by the supreme court's decision in Ashley v. State, 614 So.2d 486 (Fla. 1993). Accordingly, as in Ashley, appellant's habitual offender sentence is vacated and remanded for resentencing within the guidelines.

REVERSED and REMANDED.

GOSHORN, C.J., and GRIFFIN and DIAMANTIS, JJ., concur.