Opinion

Brown v. State

  • 569 So. 2d 1380
  • 1990 Fla. App. LEXIS 8858
  • 1990 WL 180945
Court
District Court of Appeal of Florida
Filed
Nov 21, 1990
Status
Published
On the bench
Altenbernd, Frank, Patterson
Cited by
0 cases

The opinion

PER CURIAM.

In this appeal from numerous judgments and sentences, the appellant raises several points, all related to sentencing. We find merit only in the appellant’s first point, and find no necessity to discuss the other points.

*1381 In count one of the lower court case numbered 86-6020 (possession of cocaine), the appellant was sentenced as a habitual offender although he was not declared a habitual offender on that charge. Consequently, the fifteen year sentence on that charge is set aside and the cause is remanded for resentencing within the five year statutory maximum. Otherwise, the judgments and sentences are affirmed.

Affirmed in part, reversed in part.

FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.