Polite v. State, 88-1382

Decision Date29 November 1988
Docket NumberNo. 88-1382,88-1382
Citation13 Fla. L. Weekly 2595,537 So.2d 608
Parties13 Fla. L. Weekly 2595 Cedric Brian POLITE, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

An Appeal from the Circuit Court for Dade County; Arthur Rothenberg, Judge.

Bennett H. Brummer, Public Defender and Gerardo A. Remy, Jr., Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The state having confessed error in the enhancement of the appellant's sentence (no written reasons having been stated) the sentence under review be and the same is hereby reversed and the matter is remanded to the trial court for resentencing. See Schmeisser v. State, 527 So.2d 276 (Fla. 4th DCA 1988); Francis v. State, 512 So.2d 1162 (Fla. 4th DCA 1987).

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