RUFFIN v. STATE

No. 92-1211.

617 So.2d 868 (1993)

Mack C. RUFFIN, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 7, 1993.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.


W. SHARP, Judge.

Ruffin appeals from an order resentencing him on remand from this court. It appears the trial court unlawfully increased a sentence, which Ruffin had already begun to legally serve. We reverse and remand for resentencing.

A brief history of this case is necessary to explain the sentencing problem. In July of 1978, Ruffin was convicted of first degree murder and sexual battery. He was sentenced to death for the murder conviction, and to 30...

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