IRVIN W. WHETSTONE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; STATE OF FLORIDA, APPELLANT, V. IRVIN W. WHETSTONE, APPELLEE
IRVIN W. WHETSTONE, APPELLANT,
STATE OF FLORIDA, APPELLEE; STATE OF FLORIDA, APPELLANT, V. IRVIN W. WHETSTONE, APPELLEE
415 So. 2d 777
Florida District Court of Appeal, First District (1982)
Opinion of the Court
PER CURIAM.
The judgment is affirmed for lack of an appropriate record. Salomon v. State, 385 So. 2d 148 (Fla. 3d DCA 1980). On the State’s appeal, the sentence is vacated and the case remanded for imposition of the mandatory minimum sentence required by section 893.135, Florida Statutes (1981), and State v. Benitez, 395 So. 2d 514 (Fla.1981), which was decided after the sentencing in this case. Whetstone need not be present at resentencing. AFFIRMED in part, REVERSED in part.
ROBERT P. SMITH, Jr., Chief Judge, and ERVIN and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Benitez, 395 So. 2d 514 (Fla. 1981)
- Teodula Paz Salomon v. State, 385 So. 2d 148 (Fla. 3d DCA 1980)