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Butler v. State

District Court of Appeal of Florida, Second District
Sep 1, 1989
548 So. 2d 780 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-01697.

September 1, 1989.

Appeal from the Circuit Court, Polk County, William K. Love, J.

James Marion Moorman, Public Defender and D.P. Chanco, Asst. Public Defender, Bartow, for appellant.

Osborne Butler, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.


Of the several points that appellant raises in this appeal, we find merit in only one point concerning appellant's sentence.

Appellant was convicted of third degree murder with a firearm and of shooting into a vehicle. He was sentenced to fifteen years imprisonment for the first count and to ten years for the second count. It was further ordered that two years of the ten year sentence would run consecutive to the fifteen year sentence and the remainder of the ten year sentence would be concurrent. Appellant contends that this is an illegal sentence because it breaks up the ten year sentence and, thus, deprives him of his right to serve his sentence at one stretch, rather than in bits and pieces. We agree. See Rozmestor v. State, 381 So.2d 324 (Fla. 5th DCA 1980).

Accordingly, we affirm the judgments appealed from but reverse the sentences and remand for resentencing in accordance with this opinion.

SCHOONOVER, A.C.J., and HALL and ALTENBERND, JJ., concur.


Summaries of

Butler v. State

District Court of Appeal of Florida, Second District
Sep 1, 1989
548 So. 2d 780 (Fla. Dist. Ct. App. 1989)
Case details for

Butler v. State

Case Details

Full title:OSBORNE BUTLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Sep 1, 1989

Citations

548 So. 2d 780 (Fla. Dist. Ct. App. 1989)

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