WHETSTONE v. STATE

Nos. ZZ 469, AB-29.

415 So.2d 777 (1982)

Irvin W. WHETSTONE, Appellant, v. STATE of Florida, Appellee. STATE of Florida, Appellant, v. Irvin W. WHETSTONE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 9, 1982.


Attorney(s) appearing for the Case

John R. Weed of Weed & Bishop, Perry, for Whetstone, appellant/appellee.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for the State, appellee/appellant.


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...

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