Trabayko v. State

Full title: DAVID B. TRABAYKO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jul 23, 1980

385 So. 2d 1172 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-32.

July 23, 1980.

Appeal from Circuit Court, Pasco County; Edward H. Bergstrom, Jr., Judge.

Jack O. Johnson, Public Defender, and Michael S. Becker, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The judgment of the trial court is affirmed, but the sentence is vacated and the case remanded for resentencing pursuant to Section 39.111(6), Florida Statutes (1979). See Stallins v. State, No. 80-378 (Fla. 2d DCA July 16, 1980).

SCHEB, C.J., and BOARDMAN and GRIMES, JJ., concur.