Smith v. State

Court: District Court of Appeal of Florida
Date filed: 1976-11-22
Citations: 339 So. 2d 298
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Lead Opinion
PER CURIAM.

The judgments are AFFIRMED, but the cause is REMANDED with directions to sentence the defendant on one count only, as the two counts were part of the same criminal transaction. Robinson v. State, 325 So.2d 427 (Fla.App. 1st, 1976). The defendant need not be present when the sentence is so modified.

AFFIRMED, but REMANDED for correction of sentences.

BOYER, C. J., and MILLS and SMITH, JJ., concur.