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370 So. 2d 823

Newsome v. State

District Court of Appeal of Florida · decided 1979-05-02

Decided 1979-05-02

OTT, Judge.

¶1While appellant, Gregory Lee Newsome, has raised several issues relating to his conviction for burglary and aggravated assault, we find that only one merits discussion. Appellant argues that the twenty year sentence imposed upon his conviction of aggravated assault is excessive. We agree.

¶2The maximum allowable sentence for aggravated assault is five years. See § 784.-021(2), Fla.Stat. (1977); § 775.082(3)(d), Fla. Stat. (1977).

¶3Accordingly, the judgment of conviction for aggravated assault is affirmed, but the case is remanded for the purpose of resen-tencing appellant for this conviction not to exceed five years.

¶4The judgment of conviction for burglary of a dwelling and the sentence thereon are affirmed.

HOBSON, Acting C. J., and BOARD-MAN, J., concur.
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