STATE OF FLORIDA, APPELLANT,
v.
MARC L. SCHWARTZ, APPELLEE

Fla. 4th DCA | 1988-10-19
No. 87-1260
HERSEY, C.J., and GUNTHER and STONE, JJ., concur.
531 So. 2d 1068 Florida District Court of Appeal, Fourth District (1988) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the order of the trial court dismissing Count I of the information. See State v. Cogswell, 521 So. 2d 1081 (Fla.1988). With respect to the state’s traverse, we find insufficient support in the record in this appeal to consider the issues raised. See Stone v. State, 378 So. 2d 765 (Fla.1979), cert. denied, 449 U.S. 986, 101 S.Ct. 407, 66 L.Ed.2d 250 (1980); Snead v. State, 415 So. 2d 887 (Fla. 5th DCA 1982); Chester v. State, 276 So. 2d 76 (Fla. 2d DCA 1973).

HERSEY, C.J., and GUNTHER and STONE, JJ., concur.


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    …PER CURIAM. We have for review Scott v. State, 531 So. 2d 1068 (Fla. 4th DCA 1988), which certified the following questions of great public importance: 1. Is that portion of Chapter 87-110, Laws of Florida, which amends section 921.001(5), Florida Statutes, applicable to appellate review of sentences imposed f…
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    …PER CURIAM. We withdraw our previous opinion, 531 So. 2d 1068, vacate the trial court’s sentence and remand for resentencing in accordance with the Supreme Court’s opinion in this case issued on October 12,1989. ANSTEAD, LETTS and WALDEN, JJ., concur.…

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