Supreme Court of Florida, 1979

Rutherford v. State

Rutherford v. State
Supreme Court of Florida · Decided July 18, 1979 · Alderman, Boyd, Hatchett, Overton, Sundberg
373 So. 2d 669; 1979 Fla. LEXIS 4778 (Southern Reporter, Second Series)

Rutherford v. State

Opinion of the Court

PER CURIAM.

The decision of the court below, Rutherford v. State, 349 So.2d 667 (Fla. 3d DCA 1977), is quashed. The cause is remanded to the district court. The district court is directed to remand with directions that the separate sentence for display of a firearm be vacated. Gonzalez v. State, 367 So.2d 1008 (Fla. 1979); Johnson v. State, 366 So.2d 418 (Fla. 1978).

BOYD, Acting C. J., and OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.

Opinion after remand, 374 So.2d 1134.

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