Martin v. State

Full title: LEE HIRAM MARTIN, A/K/A "DON", APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: May 25, 1979

371 So. 2d 227 (Fla. Dist. Ct. App. 1979)

Opinion

No. LL-157.

May 25, 1979.

Appeal from Circuit Court, Duval County; Louis Safer, Judge.

Michael J. Minerva, Public Defender, John D.C. Newton, II and Margaret Good, Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Miguel A. Olivella, Asst. Atty. Gen., for appellee.

PER CURIAM.

Appellant's 15-year sentence is vacated on authority of Massey v. State, 348 So.2d 1244 (Fla. 1st DCA 1977) and the cause is remanded for resentencing not to exceed five years.

ROBERT P. SMITH, Jr., Acting C.J., and ERVIN and LARRY G. SMITH, JJ., concur.