RICHARD SMITH, A/K/A HAROLD YOUELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1995-02-10
No. 94-1706
W. SHARP, GOSHORN and DIAMANTIS, JJ., concur.
649 So. 2d 362 Florida District Court of Appeal, Fifth District (1995) Negative Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

We vacate the habitual offender sentence imposed in this case and remand this cause for resentencing. See Santoro v. State, 644 So. 2d 585 (Fla. 5th DCA 1994); Thompson v. State, 638 So. 2d 116 (Fla. 5th DCA 1994), rev. granted, 649 So. 2d 234 (Fla.1994). See also Cole v. State, 640 So. 2d 1194 (Fla. 1st DCA 1994).

Sentence VACATED; cause REMANDED.

W. SHARP, GOSHORN and DIAMANTIS, JJ., concur.


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    …SHAW, Justice. We have for review Smith v. State, 649 So. 2d 362 (Fla. 5th DCA 1995), based on conflict with Ashley v. State, 614 So. 2d 486 (Fla.1993). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We recently addressed this issue in State v. Blackwell, 661 So. 2d 282 (Fla.1995). We quash Smith and remand…

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