DAY v. STATE

No. 89-01267.

573 So.2d 1022 (1991)

Timothy DAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 1, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Wendy E. Friedberg, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.


PARKER, Judge.

Timothy Day, who was convicted of racketeering and sixteen counts of robbery, appeals guidelines departure sentences of twelve consecutive life terms and two consecutive thirty year terms. We reverse.

This is Day's second appeal to this court in this matter. On February 1, 1989, this court issued a mandate requiring a resentencing hearing on the ground that Day acting by himself did not constitute an "enterprise" as defined by section 895.02...

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