Huff v. State

District Court of Appeal of Florida

Huff v. State

405 So. 2d 260, 1981 Fla. App. LEXIS 21461

Procedural entryThis page is a short order in Huff v. State. Read the opinion of the Court — 1982 Fla. App. LEXIS 19079 →

District Court of Appeal of Florida·Decided October 28, 1981·No. No. AB-74·Published

Opinion

PER CURIAM.

The appellant’s conviction for manslaughter is affirmed in its entirety. However, we find that the sentence imposed by the trial court is in violation of the rule fashioned by and given retroactive effect in Villery v. Florida Parole and Probation Commission, 396 So.2d 1107, 1111-12 (Fla. 1981). Therefore, we remand this cause to the trial court for sentencing in accordance with Villery. In sentencing the appellant again, the court should consider the principles set forth in North Carolina v. Pearce, 395 U.S. 711, 723-26, 89 S.Ct. 2072, 2079-81, 23 L.Ed.2d 656 (1969).

SHAW, WENTWORTH, and THOMPSON, JJ., concur.

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PER CURIAM.

The appellant’s conviction for manslaughter is affirmed in its entirety. However, we find that the sentence imposed by the trial court is in violation of the rule fashioned by and given retroactive effect in Villery v. Florida Parole and Probation Commission, 396 So.2d 1107, 1111-12 (Fla. 1981). Therefore, we remand this cause to the trial court for sentencing in accordance with Villery. In sentencing the appellant again, the court should consider the principles set forth in North Carolina v. Pearce, 395 U.S. 711, 723-26, 89 S.Ct. 2072, 2079-81, 23 L.Ed.2d 656 (1969).

SHAW, WENTWORTH, and THOMPSON, JJ., concur.

Huff v. State, 405 So. 2d 260, 1981 Fla. App. LEXIS 21461 (Fla. Ct. App. 1981).

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Opinion

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