State v. Fitzsimmons

Full title: STATE OF FLORIDA, APPELLANT, v. DIANE FITZSIMMONS, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 30, 1992

591 So. 2d 265 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-0274.

October 9, 1991. Rehearing, Stay and Certification Denied January 30, 1992.

Appeal from the Circuit Court for Broward County; Robert W. Tyson, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellant.

Fred Haddad, Fort Lauderdale, for appellee.

PER CURIAM.

We reverse and remand for resentencing based upon State v. Baxter, 581 So.2d 937 (Fla. 4th DCA 1991); State v. Lane, 582 So.2d 77 (Fla. 4th DCA 1991); State v. Baumgardner, 587 So.2d 1147 (Fla. 4th DCA 1991).

DOWNEY, LETTS and WARNER, JJ., concur.