Florida District Courts of Appeal, 1992

State v. Maugeri

Florida District Courts of Appeal · Decided November 24, 1992 · Cope, Gersten, Nesbitt

608 So. 2d 581; 1992 Fla. App. LEXIS 12982; 1992 WL 348381 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Affirmed.

NESBITT and GERSTEN, JJ., concur.

Dissenting Opinion

COPE, Judge

(dissenting).

I do not think the disposition in this case is consistent with Allen v. State, 526 So.2d 69, 69-70 & footnote (Fla. 1988), and subsection 958.04(2), Florida Statutes (1991) (“In lieu of other criminal penalties authorized by law and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as fol-lows_”) (emphasis added). I would reverse and remand for resentencing,

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