Ashwood v. State

District Court of Appeal of Florida

Ashwood v. State

616 So. 2d 199, 1993 Fla. App. LEXIS 4226, 1993 WL 114674

CourtDistrict Court of Appeal of Florida

DecidedApril 14, 1993

DocketNo. 91-03060

StatusPublished

Cited by1 cases

This text of 616 So. 2d 199 (Ashwood v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ashwood v. State, 616 So. 2d 199, 1993 Fla. App. LEXIS 4226, 1993 WL 114674 (Fla. Ct. App. 1993).

Pincite

Opinion

BLUE, Judge.

Robert Ashwood (Ashwood) appeals his judgments and sentences for false imprisonment, attempted sexual battery with a deadly weapon, and aggravated assault. We find merit only in his contention that he was improperly sentenced to life imprisonment for attempted sexual battery with a deadly weapon. Accordingly, we reverse that sentence and remand for resentencing.

The state concedes Ashwood was improperly sentenced. Pursuant to section 794.-011(3), Florida Statutes (1989), sexual battery with a deadly weapon is a life felony. Section 777.04(4)(b), Florida Statutes (1989), provides that a person convicted of an attempt to commit a life felony shall be guilty of and punished for a second degree felony. The trial court erred in sentencing Ashwood to life imprisonment for attempted sexual battery with a deadly weapon. Although we affirm the conviction and judgment on that charge, we reverse the imposition of the life sentence and remand for resentencing. In all other respects the judgments and sentences appealed are affirmed.

Affirmed in part, reversed in part and remanded.

HALL, A.C.J., and PARKER, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BLUE, Judge.

Robert Ashwood (Ashwood) appeals his judgments and sentences for false imprisonment, attempted sexual battery with a deadly weapon, and aggravated assault. We find merit only in his contention that he was improperly sentenced to life imprisonment for attempted sexual battery with a deadly weapon. Accordingly, we reverse that sentence and remand for resentencing.

The state concedes Ashwood was improperly sentenced. Pursuant to section 794.-011(3), Florida Statutes (1989), sexual battery with a deadly weapon is a life felony. Section 777.04(4)(b), Florida Statutes (1989), provides that a person convicted of an attempt to commit a life felony shall be guilty of and punished for a second degree felony. The trial court erred in sentencing Ashwood to life imprisonment for attempted sexual battery with a deadly weapon. Although we affirm the conviction and judgment on that charge, we reverse the imposition of the life sentence and remand for resentencing. In all other respects the judgments and sentences appealed are affirmed.

Affirmed in part, reversed in part and remanded.

HALL, A.C.J., and PARKER, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

616 So. 2d 199, 1993 Fla. App. LEXIS 4226, 1993 WL 114674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashwood-v-state-fladistctapp-1993.

Opinion

Related

Cite This Page — Counsel Stack