Herring v. State

District Court of Appeal of Florida

Herring v. State

532 So. 2d 1328, 13 Fla. L. Weekly 2444, 1988 Fla. App. LEXIS 4772, 1988 WL 114728

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 1988

DocketNo. 87-1979

StatusPublished

This text of 532 So. 2d 1328 (Herring v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Herring v. State, 532 So. 2d 1328, 13 Fla. L. Weekly 2444, 1988 Fla. App. LEXIS 4772, 1988 WL 114728 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Following our decision in Herring v. State, 501 So.2d 19 (Fla. 3d DCA 1986), defendant was retried. Upon conviction, the trial court imposed a sentence in violation of the rule set forth in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 12 L.Ed.2d 656 (1969). We therefore affirm the convictions and the sentence on Count II; vacate the sentence on Count I; and remand for resentencing.

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PER CURIAM.

Following our decision in Herring v. State, 501 So.2d 19 (Fla. 3d DCA 1986), defendant was retried. Upon conviction, the trial court imposed a sentence in violation of the rule set forth in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 12 L.Ed.2d 656 (1969). We therefore affirm the convictions and the sentence on Count II; vacate the sentence on Count I; and remand for resentencing.

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Bluebook (online)

532 So. 2d 1328, 13 Fla. L. Weekly 2444, 1988 Fla. App. LEXIS 4772, 1988 WL 114728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herring-v-state-fladistctapp-1988.

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