Florida District Courts of Appeal, 1981

Huff v. State

Huff v. State
Florida District Courts of Appeal · Decided October 28, 1981 · Shaw, Thompson, Wentworth
405 So. 2d 260; 1981 Fla. App. LEXIS 21461 (Southern Reporter, Second Series)

Huff v. State

Opinion of the Court

PER CURIAM.

The appellant’s conviction for manslaughter is affirmed in its entirety. However, we find that the sentence imposed by the trial court is in violation of the rule fashioned by and given retroactive effect in Villery v. Florida Parole and Probation Commission, 396 So.2d 1107, 1111-12 (Fla. 1981). Therefore, we remand this cause to the trial court for sentencing in accordance with Villery. In sentencing the appellant again, the court should consider the principles set forth in North Carolina v. Pearce, 395 U.S. 711, 723-26, 89 S.Ct. 2072, 2079-81, 23 L.Ed.2d 656 (1969).

SHAW, WENTWORTH, and THOMPSON, JJ., concur.

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