Florida District Courts of Appeal, 1994

Zitzman v. State

Florida District Courts of Appeal · Decided August 5, 1994 · Dauksch, Diamantis, Griffin

640 So. 2d 1219; 1994 Fla. App. LEXIS 7757; 1994 WL 406607 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Lowell v. State (Fla. Dist. Ct. App. 1995)
Mosco v. State (Fla. Dist. Ct. App. 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DIAMANTIS, Judge.

We affirm Richard Paul Zitzman’s conviction for aggravated assault on a law enforce*1220ment officer;1 however, we must vacate the three-year mandatory minimum sentence because, as the state properly has conceded, the mandatory minimum sentence is one year. See § 775.0823(7), Fla.Stat. (1991).2 Thus, we vacate the three-year mandatory minimum sentence and remand this cause for imposition of the one-year mandatory minimum sentence.

Conviction AFFIRMED; sentence AFFIRMED in part and VACATED in part; and cause REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.

. See §§ 784.021, 784.07, Fla.Stat. (1993).

. Section 775.0823(7), Florida Statutes (1991), is applicable because Zitzman committed the offense on July 6, 1993. Section 775.0823(7), Florida Statutes (1993), which authorizes the imposition of a sentence in accordance with the sentencing guidelines, applies to offenses committed on or after January 1, 1994.

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