Smith v. State

Full title: RICHARD SMITH, A/K/A HAROLD YOUELL, APPELLANT, v. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 10, 1995

649 So. 2d 362 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1706.

February 10, 1995.

Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Hall, Certified Legal Intern, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We vacate the habitual offender sentence imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So.2d 585 (Fla. 5th DCA 1994); Thompson v. State, 638 So.2d 116 (Fla. 5th DCA 1994), rev. granted, 649 So.2d 234 (Fla. 1994). See also Cole v. State, 640 So.2d 1194 (Fla. 1st DCA 1994).

Sentence VACATED; cause REMANDED.

W. SHARP, GOSHORN and DIAMANTIS, JJ., concur.