Florida District Courts of Appeal, 2009

Myers v. State

Myers v. State
Florida District Courts of Appeal · Decided August 5, 2009 · Ramirez, C.J., and Wells, and Suarez
16 So. 3d 918; 2009 Fla. App. LEXIS 10753; 2009 WL 2382330 (Southern Reporter, Third Series)

Myers v. State

Opinion

PER CURIAM.

Affirmed. See Merritt v. State, 712 So.2d 384, 385 (Fla. 1998) (finding that attempted battery on a law enforcement officer is a non-existent crime and ordering that the defendant be resentenced to attempted battery); J.S. v. State, 925 So.2d 438, 438 (Fla. 5th DCA 2006) (ordering resentencing of defendant to attempted battery from the non-existent charged crime of attempted battery on a law enforcement officer); see also Velez v. State, 988 So.2d 707, 708 (Fla. 3d DCA 2008) (finding that the defendant was not entitled to be personally present at the sentence reduction for a conviction which ran concurrent with another conviction for which he given a longer sentence).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.