BUTLER v. STATE

No. 80060.

616 So.2d 7 (1993)

Willie BUTLER, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

January 21, 1993.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Sophia B. Ehringer, Asst. Public Defender, Daytona Beach, for petitioner.

Robert A. Butterworth, Atty. Gen. and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for respondent.


OVERTON, Justice.

We have for review Butler v. State, 599 So.2d 1295 (Fla. 1992), in which the district court considered the same question we recently answered in State v. Johnson, 616 So.2d 1 (Fla. 1993).1 In accordance with our decision in Johnson, we quash the decision of the district court in the instant case and remand this cause for resentencing.

It is so ordered.<...

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