Kissane v. State
Florida District Courts of Appeal
Kissane v. State, 764 So. 2d 886 (2000)
2000 Fla. App. LEXIS 10116; 2000 WL 1140494
Dell, Gunther, Stevenson
Kissane v. State
Opinion of the Court
We affirm appellant’s conviction of aggravated battery. See Peede v. State, 474 So.2d 808 (Fla. 1985), cert. denied, 477 U.S. 909, 106 S.Ct. 3286, 91 L.Ed.2d 575 (1986); Edwards v. State, 548 So.2d 656 (Fla. 1989). We accept the State’s concession that based on Heggs v. State, 759 So.2d 620 (Fla. 2000), appellant’s sentence should be vacated. It is apparent from the record that appellant’s sentence pursuant to the 1995 guidelines exceeds the maximum sentence allowed under the 1994 guidelines. We therefore reverse appellant’s sentence and remand this cause to the trial court for resentencing.
AFFIRMED IN PART, REVERSED IN PART and REMANDED.
Reference
- Full Case Name
- Bernard A. KISSANE v. STATE of Florida
- Cited By
- 1 case
- Status
- Published