BRITTON BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BRITTON BROWN, APPELLANT,
STATE OF FLORIDA, APPELLEE
569 So. 2d 1380
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In this appeal from numerous judgments and sentences, the appellant raises several points, all related to sentencing. We find merit only in the appellant’s first point, and find no necessity to discuss the other points. In count one of the lower court case numbered 86-6020 (possession of cocaine), the appellant was sentenced as a habitual offender although he was not declared a habitual offender on that charge. Consequently, the fifteen year sentence on that charge is set aside and the cause is remanded for resentencing within the five year statutory maximum. Otherwise, the judgments and sentences are affirmed.
Affirmed in part, reversed in part.
FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
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Tonnie Torrell Holmes v. State, 575 So. 2d 332 (Fla. 5th DCA 1991)…600 (Fla. 2d DCA 1990); Haynes v. State, 571 So. 2d 120 (Fla. 2d DCA 1990); Robinson v. State, 571 So. 2d 120 (Fla. 2d DCA 1990); White v. State 571 So. 2d 498 (Fla. 2d DCA 1990); Lay-ton v. State, 570 So. 2d 1117 (Fla. 2d DCA 1990); Dukes v. State, 569 So. 2d 1380 (Fla. 2d DCA 1990); Gibson v. State, 565 So. 2d 402 (Fla. 1st DCA 1990), cause dism., 570 So. 2d 1306 (Fla. 1990); V.A.A. v. State, 561 So. 2d 314 (Fla. 2d DCA 1990); State v. McCloud, 559 So. 2d 1305 (Fla. 2d DCA 1990); Crisel v. State, 561 So. 2d…
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