¶1 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).
16 So. 3d 918
Myers v. State
District Court of Appeal of Florida
Decided August 5, 2009
District Court of Appeal of Florida · decided 2009-08-05
Cited by 2 later decisions — most recently August 2015
2 state decisions
Relies on 712 So. 2d 384 - Merritt v. State · 988 So. 2d 707 - Velez v. State · J.S. v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2009-08-05
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