FLEMING v. STATE

No. 85-118.

480 So.2d 715 (1986)

Dwight FLEMING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 3, 1986.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow and L.S. Alperstein, Asst. Public Defenders, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.


FRANK, Judge.

The appellant, Dwight Fleming, appeals from the trial court's final orders adjudicating him guilty of burglary and sentencing him as a habitual offender beyond the sentencing guidelines. We affirm the conviction but vacate the sentence and remand for resentencing.

Fleming was charged in an information on May 1, 1984, with burglary in violation of section 810.02, Florida Statutes. The crime allegedly occurred on March 25, 1984. After a trial on...

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