Opinion
No. 47920.
July 8, 1976. Rehearing Denied September 30, 1976.
Writ of Certiorari to the District Court of Appeal, Second District.
Robert L. Shevin, Atty. Gen., and Robert J. Landry, Asst. Atty. Gen., for petitioner.
Jack O. Johnson, Public Defender; and Robert H. Grizzard, II, and Dennis P. Maloney, Asst. Public Defenders, for respondents.
By THE COURT:
That portion of the decision of the Second District Court of Appeal reported at 314 So.2d 791 which vacates respondent's sentence for robbery is reversed, and the case is remanded with instructions to reinstate the robbery sentence imposed upon the defendant by the trial court. Slater v. State, 316 So.2d 539 (Fla. 1975).
OVERTON, C.J., and ROBERTS, ENGLAND and SUNDBERG, JJ., concur.
ADKINS, BOYD and HATCHETT, JJ., dissent.