Kates v. State

288 So. 2d 260
District Court of Appeal of Florida·Decided January 9, 1974·No. No. 73-461·Published

Opinion

MANN, Chief Judge.

The prosecutor did argue improperly to the jury, but on the entire record we find that the error is harmless.

It was error to sentence Kates on count II, and the sentence on that count is vacated. Cone v. State, Fla.1973, 285 So.2d 12; Hernandez v. State, Fla.App.2d 1973, 278 So.2d 307. We see no necessity for the return of the appellant for resentencing,

Affirmed as modified.

HOBSON and BOARDMAN, JJ., concur.

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Kates v. State, 288 So. 2d 260 (Fla. Ct. App. 1974).

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Related

Hernandez v. State
278 So. 2d 307 (District Court of Appeal of Florida, 1973)
Cone v. State
285 So. 2d 12 (Supreme Court of Florida, 1973)