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764 So. 2d 886

Kissane v. State

District Court of Appeal of Florida · decided 2000-08-09

Cited by 7 later decisions — most recently December 2018

7 state decisions

Relies on Nantahala Power & Light Co. v. Thornburg · Heggs v. State · Phillips v. Texas

Good law ✅— No negative treatment on recordhow we know

Decided 2000-08-09

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PER CURIAM.

¶1We affirm appellant’s conviction of aggravated battery. See Peede v. State, 474 So.2d 808 (Fla.1985), cert. denied, 477 U.S. 909, 106 S.Ct. 3286, 91 L.Ed.2d 575 (1986); Edwards v. State, 548 So.2d 656 (Fla.1989). We accept the State’s concession that based on Heggs v. State, 759 So.2d 620 (Fla.2000), appellant’s sentence should be vacated. It is apparent from the record that appellant’s sentence pursuant to the 1995 guidelines exceeds the maximum sentence allowed under the 1994 guidelines. We therefore reverse appellant’s sentence and remand this cause to the trial court for resentencing.

¶2AFFIRMED IN PART, REVERSED IN PART and REMANDED.

DELL, GUNTHER and STEVENSON, JJ., concur.
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