¶1Cornelius Smith appeals his conviction and sentence for aggravated battery. For the reasons stated in our recent opinion Knott v. State, 573 So.2d 179 (Fla. 2d DCA 1991) which involved Smith’s codefendant, we reverse and remand with instructions that the trial court vacate the judgment and sentence, enter a judgment for simple battery, and resentence accordingly.
576 So. 2d 1380
Smith v. State
District Court of Appeal of Florida
Decided April 5, 1991
District Court of Appeal of Florida · decided 1991-04-05
Relies on Knott v. State
Decided 1991-04-05