Sirmons v. State

District Court of Appeal of Florida

Decided May 27, 1994

District Court of Appeal of Florida · decided 1994-05-27

Relies on 634 So. 2d 153 - Sirmons v. State · 603 So. 2d 82 - Sirmons v. State

Decided 1994-05-27

PETERSON, Judge.

¶1In 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.

¶2Accordingly 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.

¶3VACATED IN PART; REMANDED.

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