CAVALLARO v. STATE

No. 94-1153.

647 So.2d 1006 (1994)

Michael CAVALLARO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 21, 1994.


Attorney(s) appearing for the Case

Glass & Rastatter, P.A. and Patrick C. Rastatter, Ft. Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., and Fleur J. Lobree, Asst. Atty. Gen., for appellee.

Before BARKDULL, COPE and GODERICH, JJ.


COPE, Judge.

Defendant appeals his conviction of maintaining a gambling house and the final sentencing order thereon. We affirm in part and reverse in part.

With respect to the trial phase of this case, we find no error. However, we do find merit in the defendant's claim of error with respect to the sentencing order and remand for a new sentencing proceeding.

At the sentencing hearing, the trial court engaged in a colloquy with a character witness...

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