O'Brien v. State

Full title: THOMAS M. O'BRIEN, JR., Appellant v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jun 21, 2000

765 So. 2d 133 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D99-2617.

Opinion filed June 21, 2000.

Appeal from the Circuit Court for Manatee County; Janette Dunnigan, Judge.

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.

SCHEB, JOHN M., (Senior) Judge.

Thomas O'Brien appeals the judgment and sentence in this case. We affirm the conviction, but because the offense was committed on November 17, 1996, we remand to the trial court to reconsider his sentence. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).

THREADGILL, A.C.J., and STRINGER, J., Concur.