Gutierrez v. State
Gutierrez v. State
122 So. 3d 428; 2013 WL 5226586; 2013 Fla. App. LEXIS 14805
(Southern Reporter, Third Series)
Gutierrez v. State
Opinion of the Court
Kirk Mariano Gutierrez challenges his convictions and sentences for aggravated assault with a firearm and aggravated battery with great bodily harm. He raises three issues of which we find merit only in the third, an error on the sentencing document that the State concedes. The aggravated battery conviction, a second-degree felony, was erroneously listed as a first-degree felony. Accordingly, we affirm Mr. Gutierrez’s convictions and sentences but remand for correction of the sentencing documents.
Affirmed; remanded for correction as noted above.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.