Durden v. State

Full title: TOMMIE LEE DURDEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: May 20, 1981

398 So. 2d 991 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-516.

May 20, 1981.

Appeal from Circuit Court, Palm Beach County; Lewis Kapner, Judge.

Tommie Lee Durden, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the conviction but vacate the sentence and remand for resentencing in light of Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981.)

BERANEK, HERSEY and HURLEY, JJ., concur.