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Florida District Courts of Appeal, 1981

Everhart v. State

Everhart v. State
Florida District Courts of Appeal · Decided May 20, 1981 · Anstead, Downey, Hersey
398 So. 2d 997; 1981 Fla. App. LEXIS 19878 (Southern Reporter, Second Series)

Everhart v. State

Opinion of the Court

PER CURIAM.

Appellant’s contention that his sentence has been illegally enhanced is disposed of by the holding in Blanton v. State, 388 So.2d 1271 (Fla. 4th DCA 1980) which decided the issue adversely to appellant’s position. We nevertheless remand for resentencing in light of Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. Case No. 1981).

AFFIRMED IN PART AND REMANDED WITH INSTRUCTIONS.

DOWNEY, ANSTEAD and HERSEY, JJ., concur.

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