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Smith v. State

District Court of Appeal of Florida, First District
Jun 11, 1993
619 So. 2d 475 (Fla. Dist. Ct. App. 1993)

Opinion

No. 91-3620.

June 11, 1993.

An Appeal from the Circuit Court for Hamilton County; L. Arthur Lawrence, Judge.

James C. Banks, Sp. Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Andrea D. England, Asst. Atty. Gen., Tallahassee, for appellee.


OPINION ON MANDATE


In Smith v. State, 608 So.2d 567 (Fla. 1st DCA 1992), we addressed errors alleged by appellant in case numbers 90-34CF and 91-55CF, reversed appellant's sentences in each case, and certified a question to the supreme court in connection with case number 91-55CF. In State v. Smith, 616 So.2d 52 (Fla. 1993), the supreme court held that it had answered the certified question in State v. Rucker, 613 So.2d 460 (Fla. 1993), quashed our decision in accordance therewith, and remanded the case for proceedings consistent with Rucker.

Accordingly, we reverse and remand case number 90-34CF for the reasons stated in our previous opinion. We affirm the habitual offender sentence in case number 91-55CF.

AFFIRMED IN PART, REVERSED IN PART, and REMANDED for further proceedings consistent with this opinion.

JOANOS, C.J., and ZEHMER, J., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, First District
Jun 11, 1993
619 So. 2d 475 (Fla. Dist. Ct. App. 1993)
Case details for

Smith v. State

Case Details

Full title:KELVIN SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 11, 1993

Citations

619 So. 2d 475 (Fla. Dist. Ct. App. 1993)