Opinion
No. 81-662.
May 20, 1981.
Rule 3.850 Appeal from the Circuit Court, Okeechobee County; G. Kendall Sharp, Judge.
Eddie E. Everhart, in pro. per.
No appearance for appellee.
Appellant's contention that his sentence has been illegally enhanced is disposed of by the holding in Blanton v. State, 388 So.2d 1271 (Fla. 4th DCA 1980) which decided the issue adversely to appellant's position. We nevertheless remand for resentencing in light of Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. Case No. 1981).
AFFIRMED IN PART AND REMANDED WITH INSTRUCTIONS.
DOWNEY, ANSTEAD and HERSEY, JJ., concur.