State v. Schwartz

Full title: STATE OF FLORIDA, Appellant, v. MICHELLE SCHWARTZ, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 19, 1997

689 So. 2d 450 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-3153

Decision filed March 19, 1997

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; L.T. Case No. 95-2961 CF10A B.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellant.

Hilliard E. Moldoff, Ft. Lauderdale, for appellee.

PER CURIAM.

AFFIRMED.

FARMER and STEVENSON, JJ., concur.

STONE, J., dissents with opinion.

STONE, J., dissenting.

I would reverse and remand for resentencing. Franquiz v. State, 682 So.2d 536 (Fla. 1996); Pope v. State, 561 So.2d 554 (Fla. 1990); Wilcox v. State, 664 So.2d 55 (Fla. 5th DCA 1995).