Wingate v. State
Wingate v. State
Opinion of the Court
Daniel Allen Wingate challenges his convictions and sentences for armed robbery with a deadly weapon, aggravated battery and falsely impersonating a police officer during the commission of a felony. He raises three points on appeal. We find merit in his third argument that the trial court erred in exceeding the maximum penalty of fifteen years for count II, aggravated battery, a second degree felony.
Our supreme court recently held that aggravated battery with the use of a deadly weapon, section 784.045(l)(b), is not subject to reclassification pursuant to section 775.087(1) because the use of a weapon is an essential element of the crime. Lareau v. State, 573 So.2d 813 (Fla. 1991).
We affirm the appellant’s convictions, the sentences for armed robbery with a deadly weapon and falsely impersonating a police officer during the commission of a felony, and reverse and remand for resen-tencing for aggravated battery in accord with this opinion.
. The trial court did not have the benefit of this decision at the time appellant was sentenced.
Reference
- Full Case Name
- Daniel Allen WINGATE v. STATE of Florida
- Cited By
- 1 case
- Status
- Published