Florida District Courts of Appeal, 1977

Leeks v. State

Leeks v. State
Florida District Courts of Appeal · Decided December 20, 1977 · Alderman, Cross, Moore
353 So. 2d 607; 1977 Fla. App. LEXIS 16905 (Southern Reporter, Second Series)

Leeks v. State

Opinion of the Court

PER CURIAM.

Upon consideration of the record, the briefs and oral argument of counsel for the respective parties, we determine the only error made to appear was that the trial court improperly sentenced appellant to fifteen years on Count Two. We therefore vacate appellant’s sentence relating to Count Two and remand to the trial court for the imposition of a proper sentence pursuant to Section 787.02, Florida Statutes (1975), which was in effect at the time the *608offense charged was committed. Castle v. State, 305 So.2d 794 (Fla.4th DCA 1975).

Reversed and remanded.

ALDERMAN, C. J., and CROSS and MOORE, JJ., concur.

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