Florida District Courts of Appeal, 1982

Arnold v. State

Arnold v. State
Florida District Courts of Appeal · Decided November 3, 1982 · Dell, Dwight, Geiger, Hurley
421 So. 2d 192; 1982 Fla. App. LEXIS 28145 (Southern Reporter, Second Series)

Arnold v. State

Opinion of the Court

PER CURIAM.

Appellant’s conviction for manslaughter is affirmed, but the sentence which included a mandatory three year minimum is vacated. See Akins v. State, 366 So.2d 1262 (Fla. 4th DCA 1979); Jones v. State, 356 So.2d 4 (Fla. 4th DCA 1977). Accordingly, the cause is remanded for resentencing. Appellant, however, need not be present at the resentencing.

Affirmed, but remanded for resentenc-ing.

HURLEY and DELL, JJ., and GEIGER, DWIGHT L., Associate Judge, concur.

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