Blankenship v. State

516 So. 2d 1, 12 Fla. L. Weekly 1232, 1987 Fla. App. LEXIS 8201, 1987 WL 378
Procedural entryThis page is a short order in Blankenship v. State. Read the opinion of the Court — 545 So. 2d 908
District Court of Appeal of Florida·Decided May 14, 1987·No. No. 86-832·Published

Opinions

PER CURIAM.

Blankenship appeals from his convictions and sentences for attempted third degree murder,1 and aggravated battery through use of a deadly weapon.2 This case is controlled by our en banc decision of Barton v. State, 507 So.2d 638 (Fla. 5th DCA 1987). Accordingly, we affirm Blankenship’s convictions for attempted third degree murder (a third degree felony) and reverse his conviction for aggravated battery (a second degree felony),3 and remand for resentencing.

AFFIRMED IN PART; REVERSED IN PART.

UPCHURCH, C.J., and ORFINGER and SHARP, JJ., concur.

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Blankenship v. State, 516 So. 2d 1, 12 Fla. L. Weekly 1232, 1987 Fla. App. LEXIS 8201, 1987 WL 378 (Fla. Ct. App. 1987).

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