Zambuto v. State
Zambuto v. State
507 So. 2d 676; 12 Fla. L. Weekly 1252; 1987 Fla. App. LEXIS 8151
(Southern Reporter, Second Series)
Zambuto v. State
Opinion of the Court
We affirm appellant’s conviction of one count of aggravated battery as there has been no demonstration of reversible error.
We reverse appellant’s sentence and remand for resentencing because the trial court erred in departing from the sentencing guidelines based on appellant’s status as a habitual offender. Whitehead v. State, 498 So.2d 863 (Fla. 1986).
As to appellant’s pro se efforts to raise a claim of incompetence and ineffective assistance of trial counsel, our affirmance shall be without prejudice to appellant making such claim via Rule 3.850, Florida Rules of Criminal Procedure.
Affirmed in part; reversed in part and remanded for resentencing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.