Citation Codes Equivalent Citations citation codes Docket Number No. 87-1979. Advocates Bennett H. Brummer, Public Defender, Lee Weissenborn, Sp. Public Defender, for Robert A. Butterworth, , Nancy C. Wear Michael Neimand, , for Judges PER CURIAM. See more information ... Smart Summary Please sign up to generate summary. CALVIN HERRING, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE. PER CURIAM. Following our decision in Herring v. State, 501 So.2d 19 (Fla. 3d DCA 1986), defendant was retried. Upon conviction, the trial court imposed a sentence in violation of the rule set forth in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 12 L.Ed.2d 656 (1969). We therefore affirm the convictions and the sentence on Count II; vacate the sentence on Count I; and remand for resentencing.