Opinion
No. 88-536.
December 20, 1988.
An Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.
Bennett H. Brummer, Public Defender and Thomas G. Murray, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellee.
Before BARKDULL, NESBITT and DANIEL S. PEARSON, JJ.
The state having confessed error in the sentence entered in this cause; the sentence rendered January 27, 1988, by the trial court be and the same is hereby vacated and the matter returned to the trial court for resentencing. In all other respects the judgment and conviction under review be and the same is hereby affirmed.