JOHNNY LEE FRYSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1990-09-12
No. 89-1442
ERVIN, JOANOS and BARFIELD, JJ., concur.
566 So. 2d 374 Florida District Court of Appeal, First District (1990) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Johnny Lee Fryson has appealed from a departure sentence imposed after remand for re-sentencing. See Fryson v. State, 506 So. 2d 1117 (Fla. 1st DCA), disapproved 533 So. 2d 294 (Fla.1988). We affirm as to all issues, without prejudice to presenting the issue of consecutive minimum mandatory terms to the trial court in a motion pursuant -to Rule 3.850, Florida Rules of Criminal Procedure.

AFFIRMED.

ERVIN, JOANOS and BARFIELD, JJ., concur.


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  • Crocker v. State, 568 So. 2d 116 (Fla. 5th DCA 1990)
    …te, 525 So. 2d 862 (Fla.1988). In Williams v. State, 504 So. 2d 392 (Fla.1987) the supreme court upheld a departure sentence based, in part, on two adjudications for arson, one burglary of an occupied dwelling and one shoplifting.1 In West v. State, 566 So. 2d 374 (Fla. 5th DCA 1990), we recently upheld a departure sentence based on three separate juvenile convictions but joined the Fourth District Court of Appeal2 in certifying to the supreme court the following question: IN LIGHT OF WEEMS, TO WHAT EXTENT M…

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