Florida District Courts of Appeal, 2000

Kissane v. State

Florida District Courts of Appeal · Decided August 9, 2000 · Dell, Gunther, Stevenson

764 So. 2d 886; 2000 Fla. App. LEXIS 10116; 2000 WL 1140494 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Stapleton (Fla. Dist. Ct. App. 2000)

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

PER CURIAM.

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.

DELL, GUNTHER and STEVENSON, JJ., concur.

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