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610 So. 2d 739

Jones v. State

District Court of Appeal of Florida

Decided January 13, 1993

District Court of Appeal of Florida · decided 1993-01-13

Relies on 491 So. 2d 1129 - State v. DiGuilio

Decided 1993-01-13

PER CURIAM.

¶1Appellant’s conviction is affirmed. The state concedes evidentiary error. However, upon a record review we conclude that it was harmless error. State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

¶2Appellant’s sentence is reversed, as it concededly exceeds the maximum lawful sentence for aggravated assault. The cause is remanded for resentencing.

DELL, GUNTHER and STONE, JJ., concur.
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