Opinion
No. 79-1764.
September 10, 1980.
Appeal from Circuit Court, Broward County; Eugene S. Garrett, Judge.
John P. Gaudiosi, Pompano Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and John D. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellee.
It appearing that the appellant was sentenced at a time when jurisdiction of this cause was vested in this court, it is hereby ordered that the judgment of the trial court is affirmed but the sentence is vacated and the case remanded for resentencing. The appellant need not be present at the resentencing.
ANSTEAD, MOORE and HURLEY, JJ., concur.