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Barrington v. State

District Court of Appeal of Florida, First District
Oct 13, 1976
338 So. 2d 85 (Fla. Dist. Ct. App. 1976)

Opinion

No. AA-226.

October 13, 1976.

Appeal from the Circuit Court, Duval County, Susan H. Black, J.

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Michael M. Corin, Asst. Atty. Gen., for appellee.


Appellant seeks review of his conviction of the crime of sexual battery (F.S. 794.011(4)(a)) and his resulting sentence of life imprisonment. Our examination of the record reveals that the evidence was sufficient, if believed by the jury, (which apparently it was) to sustain the conviction. (See McKee v. State, Sup.Ct.Fla. 1947, 159 Fla. 794, 33 So.2d 50; Truluck v. State, Sup.Ct. Fla. 1959, 108 So.2d 748; Thomas v. State, Sup.Ct.Fla. 1964, 167 So.2d 309 and Tibbs v. State, Sup.Ct.Fla. 1976, 337 So.2d 788, opinion filed July 28, 1976. However, the state candidly agrees that the sentence imposed exceeds that permitted by law. (See F.S. 794.011(4)(e) and F.S. 775.082, Florida Statutes 1973). Accordingly, we affirm the conviction but reverse and remand for the purpose of the trial judge correcting the sentence. It shall not be necessary for appellant to be present at the time the sentence is corrected.

Affirmed in part and reversed in part.

BOYER, C.J., and RAWLS and McCORD, JJ., concur.


Summaries of

Barrington v. State

District Court of Appeal of Florida, First District
Oct 13, 1976
338 So. 2d 85 (Fla. Dist. Ct. App. 1976)
Case details for

Barrington v. State

Case Details

Full title:ROBERT EARL BARRINGTON, SR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 13, 1976

Citations

338 So. 2d 85 (Fla. Dist. Ct. App. 1976)

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