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Florida District Courts of Appeal, 1990

Holloway v. State

Holloway v. State
Florida District Courts of Appeal · Decided November 7, 1990 · Garrett, Letts, Polen
568 So. 2d 1348; 1990 Fla. App. LEXIS 8433; 1990 WL 169362 (Southern Reporter, Second Series)

Holloway v. State

Opinion of the Court

PER CURIAM.

The judgment in this cause is in error because it designates aggravated assault with a firearm as a second degree felony. The state agrees that it is a third degree felony, § 784.021, .775.082, Florida Statutes (1987), Blanton v. State, 388 So.2d 1271 (Fla. 4th DCA 1980), and we remand for correction.

In all other respects, the judgment is affirmed.

AFFIRMED IN PART. IN PART; REMANDED

LETTS, POLEN and GARRETT, JJ„ concur.

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