DELL v. STATE

No. 90-1870.

598 So.2d 333 (1992)

Jessie Lee DELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 2, 1992.


Attorney(s) appearing for the Case

Jeffrey M. Leukel, Starke, for appellant.

Robert A. Butterworth, Atty. Gen. and Sara D. Baggett, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Jessie Dell appeals his convictions and sentences for second-degree murder and trespass. We affirm without comment Issues I through IV, relating to alleged trial errors and that pertaining to the order of restitution. We vacate Dell's one-year sentence for trespass, however, and remand for resentencing.

The state concedes that because the jury was instructed on simple trespass and Dell was found guilty thereof, which is a second-degree misdemeanor...

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