Opinion
No. 95-1479.
January 30, 1996.
An appeal from the Circuit Court for Leon County; J. Lewis Hall Jr., Judge.
Robert A. Butterworth, Attorney General; William J. Bakstran, Assistant Attorney General, Tallahassee, for Appellant.
Nancy A. Daniels, Public Defender; Abel Gomez, Assistant Public Defender, Tallahassee, for Appellee.
We reverse and remand for resentencing in circuit court case 93-3448, consistent with our opinion in Tubwell v. State, 661 So.2d 380 (Fla. 1st DCA 1995) and Heath v. State, 656 So.2d 527 (Fla. 1st DCA 1995). See also Allen v. State, 664 So.2d 4 (Fla. 3d DCA 1995). The remaining sentences, circuit court cases 94-989 and 94-3931, are affirmed.
AFFIRMED IN PART, REVERSED IN PART and REMANDED.
ERVIN, WEBSTER and LAWRENCE, JJ., concur.