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Hutcheson v. State

District Court of Appeal of Florida, Fifth District
May 27, 2009
Case No. 5D09-662 (Fla. Dist. Ct. App. May. 27, 2009)

Opinion

Case No. 5D09-662.

May 27, 2009.


BY ORDER OF THE COURT:

Upon consideration of the State's Response to our Order issued on April 29, 2009, and its agreement that this Court's decision filed April 14, 2009, should be withdrawn and the matter remanded to the lower court to correct the sentencing error it attempted to correct when it was without jurisdiction due to the pendency of this appeal and this Court's April 14, 2009, decision, it is

ORDERED that the Court's prior decision of April 14, 2009 is withdrawn and this cause is remanded to the trial court for a period of forty-five days within which to resentence Appellant in accordance with its March 25, 2009, order. Upon Appellant's notification that this has been accomplished, this appeal will be dismissed as moot.


Summaries of

Hutcheson v. State

District Court of Appeal of Florida, Fifth District
May 27, 2009
Case No. 5D09-662 (Fla. Dist. Ct. App. May. 27, 2009)
Case details for

Hutcheson v. State

Case Details

Full title:ALFRED MELVIN HUTCHESON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: May 27, 2009

Citations

Case No. 5D09-662 (Fla. Dist. Ct. App. May. 27, 2009)