Smith v. State

528 So.2d 100 (1988)

Morris Lee SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 87-2944.

District Court of Appeal of Florida, Second District.

July 8, 1988.

William G. Sestak of McClain, Dwyer & Sestak, P.A., Zephyrhills, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

Defendant appeals the sentence imposed upon him at resentencing after his prior sentence had been vacated on appeal to this court in Smith v. Wainwright, 508 So.2d 768 (Fla. 2d DCA 1987).

On the prior appeal this court vacated the original…