DeVane v. State

Full title: FRANK CARL DeVANE AND JAMES WILLIAM DeVANE, APPELLANTS, v. STATE OF…

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 5, 1985

479 So. 2d 137 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1856.

October 15, 1985. On Rehearing December 5, 1985.

Appeal from the Circuit Court for Putnam County; E.L. Eastmoore, Judge.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

COBB, C.J., and ORFINGER and COWART, JJ., concur.

PER CURIAM.

ON MOTION FOR REHEARING

COBB, Chief Judge.

We grant rehearing, vacate the sentence imposed in this case and remand for resentencing. See Albritton v. State, 476 So.2d 158 (Fla. 1985). If departure from the guidelines is again considered, these recent cases may be relevant: Hendrix v. State, 475 So.2d 1218 (Fla. 1985); Weems v. State, 469 So.2d 128 (Fla. 1985); Johnson v. State, 477 So.2d 56 (Fla. 5th DCA 1985).

ORFINGER and COWART, JJ., concur.