State v. Zygadlo

Supreme Court of Florida

Decided December 21, 1978

Supreme Court of Florida · decided 1978-12-21

Relies on 285 So. 2d 12 - Cone v. State · 366 So. 2d 418 - Johnson v. State

Decided 1978-12-21

PER CURIAM.

¶1Affirmed. Johnson v. State, 366 So.2d 418 (Fla.1978); McClain v. State, 366 So.2d *423418 (Fla.1978); Cone v. State, 285 So.2d 12 (Fla.1973).

¶2It is so ordered.

ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG and HATCHETT, JJ., concur.ALDERMAN, J., dissents with an opinion.ALDERMAN, Justice,

¶3dissenting.

¶4I dissent for the reasons stated in my dissent in Johnson v. State and McClain v. State, 366 So.2d 418 (Fla.1978). I would quash the decision of the District Court insofar as it vacates part of defendant’s sentence.