HERRING v. STATE

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.