CLEVELAND ARNOLD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1982-11-03
No. 81-1770
HURLEY and DELL, JJ., and GEIGER, DWIGHT L., Associate Judge, concur.
421 So. 2d 192 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant’s conviction for manslaughter is affirmed, but the sentence which included a mandatory three year minimum is vacated. See Akins v. State, 366 So. 2d 1262 (Fla. 4th DCA 1979); Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977). Accordingly, the cause is remanded for resentencing. Appellant, however, need not be present at the resentencing.

Affirmed, but remanded for resentencing.

HURLEY and DELL, JJ., and GEIGER, DWIGHT L., Associate Judge, concur.


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  • Rehfuss v. State, 432 So. 2d 639 (Fla. 4th DCA 1983)
    …entence by giving him credit for the time he was incarcerated in Georgia pursuant to the Florida warrant or detainer, that time being January 25, 1982, through March 17, 1982. Zulla v. State, 404 So. 2d 202, 203 (Fla. 2d DCA 1981); Jimenez v. State, 421 So. 2d 192 (Fla. 4th DCA 1982); Osteen v. State, 406 So. 2d 1239 (Fla. 2d DCA 1981); contra, Kurlin v. State, 302 So. 2d 147 (Fla. 1st DCA 1974). Reversed and remanded with instructions. LETTS, C.J., and BERANEK and WALDEN, JJ., concur.…

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