Molina v. State

Full title: NELSON LAZARO MOLINA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 28, 1990

557 So. 2d 880 (Fla. Dist. Ct. App. 1990)

Opinion

No. 86-501.

December 26, 1989. Order on Rehearing March 28, 1990.

An Appeal from the Circuit Court for Dade County; Theodore G. Mastos, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before BARKDULL, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Affirmed. Clark v. State, 363 So.2d 331 (Fla. 1978); McGriff v. State, 497 So.2d 1296 (Fla. 3d DCA 1986); Larkins v. State, 476 So.2d 1383 (Fla. 1st DCA 1985); McNeal v. State, 303 So.2d 698 (Fla. 3d DCA 1974); § 924.33 Florida Statutes (1987); Greer v. Miller, 483 U.S. 756, 107 S.Ct. 3102, 97 L.Ed.2d 618 (1987).

ORDER ON REHEARING

Upon rehearing granted, the sentences for armed robbery and armed burglary are affirmed as modified herewith so that they will be considered nonguideline sentences. In all other respects, the petition for rehearing is denied.