Florida District Courts of Appeal, 1974

Kates v. State

Kates v. State
Florida District Courts of Appeal · Decided January 9, 1974 · Boardman, Hobson, Mann
288 So. 2d 260 (Southern Reporter, Second Series)

Kates v. State

Opinion of the Court

MANN, Chief Judge.

The prosecutor did argue improperly to the jury, but on the entire record we find that the error is harmless.

It was error to sentence Kates on count II, and the sentence on that count is vacated. Cone v. State, Fla.1973, 285 So.2d 12; Hernandez v. State, Fla.App.2d 1973, 278 So.2d 307. We see no necessity for the return of the appellant for resentencing,

Affirmed as modified.

HOBSON and BOARDMAN, JJ., concur.

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