Florida District Courts of Appeal, 1982

Mackey v. State

Mackey v. State
Florida District Courts of Appeal · Decided February 17, 1982 · Dell, Downey, Schwartz
409 So. 2d 1187; 1982 Fla. App. LEXIS 19300 (Southern Reporter, Second Series)

Mackey v. State

Opinion of the Court

PER CURIAM.

Appellant’s conviction is affirmed, State v. Miller, 313 So.2d 656 (Fla. 1975), but the sentence is reversed because it is not in accordance with Villery v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1981) and Fresneda v. State, 347 So.2d 1021 (Fla. 1977).

AFFIRMED IN PART, REVERSED IN PART.

DOWNEY and DELL, JJ., and ALAN R. SCHWARTZ, Associate Judge, concur.

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