Opinion
No. 93-620.
July 12, 1994.
An appeal from the Circuit Court for Escambia County; Nicholas P. Geeker, Judge.
Nancy A. Daniels, Public Defender, Abel Gomez, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Joe S. Garwood, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for appellee.
Appellant's convictions and sentences for first-degree robbery and burglary are reversed in accordance with Spellman v. State, 529 So.2d 305 (Fla. 1st DCA), review denied, 536 So.2d 245 (Fla. 1988); Johnson v. State, 560 So.2d 1379 (Fla. 5th DCA 1990); and Hamilton v. State, 494 So.2d 505 (Fla. 2d DCA 1986), and the cause is remanded with directions that appellant be adjudged guilty of second-degree robbery and burglary and resentenced accordingly.
REVERSED and REMANDED for further proceedings.
WOLF and KAHN, JJ., concur.