Florida District Courts of Appeal, 1991

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided April 5, 1991 · Campbell, Schoonover, Threadgill
576 So. 2d 1380; 1991 Fla. App. LEXIS 3017; 1991 WL 45763 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

Cornelius Smith appeals his conviction and sentence for aggravated battery. For the reasons stated in our recent opinion Knott v. State, 573 So.2d 179 (Fla. 2d DCA 1991) which involved Smith’s codefendant, we reverse and remand with instructions that the trial court vacate the judgment and sentence, enter a judgment for simple battery, and resentence accordingly.

SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.

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