DAVIS v. STATE

No. 85-1071.

487 So.2d 1104 (1986)

Maria DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 24, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Larry B. Henderson, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.


SHARP, Judge.

Davis appeals from a fifteen year sentence she received for attempted second degree murder after her probation for that offense was revoked, and a twenty-five year sentence for second degree murder. We agree error occurred in the sentencing and we therefore vacate the sentences and remand for resentencing.

With regard to the first sentence, the offense for which Davis was convicted occurred in 1976. She committed the second offense in 1984 while...

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