Robinson v. State

Full title: VIRGIL ROBINSON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 14, 1989

541 So. 2d 1261 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-820.

March 14, 1989.

An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joni B. Braunstein, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and COPE, JJ.

PER CURIAM.

The state having conceded error in the sentencing, the sentence be and the same is hereby set aside and the matter returned to the trial court for clarification of the sentence. See Ferguson v. State, 537 So.2d 144 (Fla. 3d DCA 1989); see and compare Powell v. State, 515 So.2d 1294 (Fla. 2d DCA 1987).