Opinion
No. 94-1535.
December 22, 1994.
Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.
James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.
The sentence in this case runs afoul of State v. Davis, 630 So.2d 1059 (Fla. 1994). The state concedes error. The sentence is vacated and remanded for resentencing.
SENTENCE VACATED and REMANDED for resentencing.
HARRIS, C.J., and W. SHARP and GRIFFIN, JJ., concur.