STATE v. RODRIGUEZ

No. 96-358.

673 So.2d 187 (1996)

The STATE of Florida, Appellant, v. Pedro RODRIGUEZ, Appellee.

District Court of Appeal of Florida, Third District.

May 15, 1996.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Sandra S. Jaggard, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.


SCHWARTZ, Chief Judge.

While the evidence presented at the sentencing hearing was arguably—though curably—insufficient under the Barbera1-Herrin2 rule, compare State v. Gordon, 645 So.2d 140 (Fla. 3d DCA 1994), review denied, 652 So.2d 816 (Fla.1995) with State v. Porter, 659 So.2d 328 (Fla. 3d DCA 1995...

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