Opinion
No. 86-1124.
May 7, 1987.
Appeal from the Circuit Court for Orange County; Michael F. Cycmanick, Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Ellen D. Phillips, Asst. Atty. Gen., Daytona Beach, for appellant/cross-appellee.
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellee/cross-appellant.
Appellee's conviction is affirmed but her sentence is vacated on the authority of State v. Niemcow, 505 So.2d 670 (Fla. 5th DCA 1987) and the cause is remanded for resentencing.
JUDGMENT AFFIRMED; SENTENCE VACATED; CAUSE REMANDED.
UPCHURCH, C.J., and ORFINGER and COWART, JJ., concur.