Legal Opinion

Wells v. State

District Court of Appeal of Florida

Decided July 12, 1994No. 93-620Published

1Opinion of the Court

ERVIN, Judge.

Appellant’s convictions and sentences for first-degree robbery and burglary are reversed in accordance with Spellman v. State, 529 So.2d 305 (Fla. 1st DCA), review denied, 536 So.2d 245 (Fla.1988); Johnson v. State, 560 So.2d 1379 (Fla. 5th DCA 1990); and Hamilton v. State, 494 So.2d 505 (Fla. 2d DCA 1986), and the cause is remanded with directions that appellant be adjudged guilty of second-degree robbery and burglary and resentenced accordingly.

REVERSED and REMANDED for further proceedings.

WOLF and KAHN, JJ., concur.

2Cases cited3 opinions

  1. Hamilton v. StateDistrict Court of Appeal of Florida · 1986
  2. Spellman v. StateDistrict Court of Appeal of Florida · 1988
  3. Johnson v. StateDistrict Court of Appeal of Florida · 1990