State v. Daley

Full title: STATE OF FLORIDA, APPELLANT, v. ROBERT DALEY, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 21, 1991

588 So. 2d 700 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-1083.

November 21, 1991.

Appeal from the Circuit Court for Orange County; Michael F. Cycmanick, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee and Robin Compton Jones, Asst. Atty. Gen., Daytona Beach, for appellant.

No appearance for appellee.

GOSHORN, Chief Judge.

Appellee's conviction is affirmed, but his sentence is reversed and the cause is remanded for resentencing within the guidelines. Pope v. State, 561 So.2d 554 (Fla. 1990); State v. Buchanan, 580 So.2d 201 (Fla. 5th DCA 1991); State v. McCulloch, 573 So.2d 395 (Fla. 5th DCA 1991).

AFFIRMED in part; REVERSED in part; REMANDED for resentencing.

PETERSON and DIAMANTIS, JJ., concur.