Sirmons v. State

District Court of Appeal of Florida

Sirmons v. State

636 So. 2d 899, 1994 Fla. App. LEXIS 5118, 1994 WL 220973

Procedural entryThis page is a short order in Sirmons v. State. Read the opinion of the Court — 603 So. 2d 82 →

District Court of Appeal of Florida·Decided May 27, 1994·No. No. 91-1178·Published

Opinion

PETERSON, Judge.

In Sirmons v. State, 603 So.2d 82 (Fla. 5th DCA 1992), we held that the only meritorious issue on appeal was Sirmons’ claim of a double jeopardy violation. We concluded that no violation had occurred but the decision was quashed in Sirmons v. State, 634 So.2d 153 (Fla.1994), and the case was remanded to this court.

Accordingly we vacate the conviction and sentence for theft of an automobile, affirm all other convictions, and remand for resentenc-ing on the remaining offenses. On remand, the court may again consider departure.

VACATED IN PART; REMANDED.

HARRIS, C.J., and GRIFFIN, J., concur.

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PETERSON, Judge.

In Sirmons v. State, 603 So.2d 82 (Fla. 5th DCA 1992), we held that the only meritorious issue on appeal was Sirmons’ claim of a double jeopardy violation. We concluded that no violation had occurred but the decision was quashed in Sirmons v. State, 634 So.2d 153 (Fla.1994), and the case was remanded to this court.

Accordingly we vacate the conviction and sentence for theft of an automobile, affirm all other convictions, and remand for resentenc-ing on the remaining offenses. On remand, the court may again consider departure.

VACATED IN PART; REMANDED.

HARRIS, C.J., and GRIFFIN, J., concur.

Sirmons v. State, 636 So. 2d 899, 1994 Fla. App. LEXIS 5118, 1994 WL 220973 (Fla. Ct. App. 1994).

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Opinion

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