Davis v. State

Full title: LAWRENCE DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 17, 1987

509 So. 2d 1329 (Fla. Dist. Ct. App. 1987)

Opinion

No. 85-2880.

July 17, 1987.

Appeal from the Circuit Court for Lee County; R. Wallace Pack, Judge.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The material facts in this case are identical to those in Anderson v. State, 503 So.2d 388 (Fla. 2d DCA 1987). For the reasons given in Anderson, we reverse the sentence in this case and remand for resentencing within the guidelines.

RYDER, A.C.J., and THREADGILL, J., and PATTERSON, DAVID F., Associate Judge, concur.