Johnson v. State

Full title: VICTOR B. JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 14, 1988

518 So. 2d 453 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-471.

January 14, 1988.

Appeal from the Circuit Court for Seminole County; O.H. Eaton, Jr., Judge.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.

UPCHURCH, Chief Judge.

We reverse and remand for resentencing. See Hankey v. State, 505 So.2d 701 (Fla. 5th DCA 1987), which was not available to the trial court at the time of the original sentencing.

ORFINGER and SHARP, JJ., concur.