Vangunten v. State

Full title: JAMES EDWARD VANGUNTEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 28, 1995

653 So. 2d 518 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1406.

April 28, 1995.

Appeal from the Circuit Court for Osceola County, Jose R. Rodriguez, Judge.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellee.

GRIFFIN, Judge.

We find no error in the convictions; however, Vangunten correctly urges that the sentences imposed on Counts I and II were illegal under State v. Davis, 630 So.2d 1059 (Fla. 1994). Accordingly, we vacate those sentences and remand for resentencing.

REMANDED.

HARRIS, C.J., and W. SHARP, J., concur.