Mackey v. State

Full title: HENRY T. MACKEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 17, 1982

409 So. 2d 1187 (Fla. Dist. Ct. App. 1982)

Opinion

No. 80-1982.

February 17, 1982.

Appeal from Circuit Court, Martin County; Dwight L. Geiger, Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant's conviction is affirmed, State v. Miller, 313 So.2d 656 (Fla. 1975), but the sentence is reversed because it is not in accordance with Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981) and Fresneda v. State, 347 So.2d 1021 (Fla. 1977).

AFFIRMED IN PART, REVERSED IN PART.

DOWNEY and DELL, JJ., and ALAN R. SCHWARTZ, Associate Judge, concur.