640 SO2D 1219 - Zitzman v. State

DIAMANTIS, Judge.

¶1We affirm Richard Paul Zitzman’s conviction for aggravated assault on a law enforce*1220ment officer;1 however, we must vacate the three-year mandatory minimum sentence because, as the state properly has conceded, the mandatory minimum sentence is one year. See § 775.0823(7), Fla.Stat. (1991).2 Thus, we vacate the three-year mandatory minimum sentence and remand this cause for imposition of the one-year mandatory minimum sentence.

¶2Conviction AFFIRMED; sentence AFFIRMED in part and VACATED in part; and cause REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.

¶3. See §§ 784.021, 784.07, Fla.Stat. (1993).

¶4. Section 775.0823(7), Florida Statutes (1991), is applicable because Zitzman committed the offense on July 6, 1993. Section 775.0823(7), Florida Statutes (1993), which authorizes the imposition of a sentence in accordance with the sentencing guidelines, applies to offenses committed on or after January 1, 1994.