Perry v. State

Full title: EDWARD B. PERRY, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 15, 1977

347 So. 2d 1093 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-1342.

July 15, 1977.

Appeal from Circuit Court, Hillsborough County; Charles H. Scruggs, III, Judge.

Jack O. Johnson, Public Defender, Bartow, and Stephen O. Rushing, Asst. Public Defender, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant's conviction is affirmed but appellant's sentence to an indeterminate term of imprisonment from one to twenty years is vacated and the cause remanded for resentencing to a term of imprisonment from six months to twenty years. Cox v. State, 344 So.2d 1324 (Fla. 2d DCA 1977). Appellant need not be present at resentencing.

HOBSON, A.C.J., and McNULTY and SCHEB, JJ., concur.