Florida District Courts of Appeal, 1988

Herring v. State

Herring v. State
Florida District Courts of Appeal · Decided November 1, 1988 · Baskin, Hubbart, Jorgenson
532 So. 2d 1328; 13 Fla. L. Weekly 2444; 1988 Fla. App. LEXIS 4772; 1988 WL 114728 (Southern Reporter, Second Series)

Herring v. State

Opinion of the Court

PER CURIAM.

Following our decision in Herring v. State, 501 So.2d 19 (Fla. 3d DCA 1986), defendant was retried. Upon conviction, the trial court imposed a sentence in violation of the rule set forth in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 12 L.Ed.2d 656 (1969). We therefore affirm the convictions and the sentence on Count II; vacate the sentence on Count I; and remand for resentencing.

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