Florida District Courts of Appeal, 1982

Whetstone v. State

Whetstone v. State
Florida District Courts of Appeal · Decided May 28, 1982 · Ervin, Shaw, Smith
415 So. 2d 777; 1982 Fla. App. LEXIS 20167 (Southern Reporter, Second Series)

Whetstone v. State

Opinion of the Court

PER CURIAM.

The judgment is affirmed for lack of an appropriate record. Salomon v. State, 385 So.2d 148 (Fla. 3d DCA 1980). On the State’s appeal, the sentence is vacated and the case remanded for imposition of the mandatory minimum sentence required by section 893.135, Florida Statutes (1981), and State v. Benitez, 395 So.2d 514 (Fla. 1981), which was decided after the sentencing in this case. Whetstone need not be present at resentencing.

*778AFFIRMED in part, REVERSED in part.

ROBERT P. SMITH, Jr., Chief Judge, and ERVIN and SHAW, JJ., concur.

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