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Bostic v. State

613 So. 2d 140, 1993 Fla. App. LEXIS 1309, 1993 WL 20438
CourtDistrict Court of Appeal of Florida
DecidedFebruary 3, 1993
DocketNo. 92-1075
StatusPublished

This text of 613 So. 2d 140 (Bostic 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
Bostic v. State, 613 So. 2d 140, 1993 Fla. App. LEXIS 1309, 1993 WL 20438 (Fla. Ct. App. 1993).

Opinion

PER CURIAM.

We reverse defendant’s conviction and sentence for the first degree felony of aggravated battery on a person 65 or older, because we conclude that the state has failed to charge that defendant knew that the victim was 65 or older. State v. Nelson, 577 So.2d 971 (Fla. 4th DCA1991). On remand, the court shall enter judgment and resentence as a second degree felony under 784.08(1), Florida Statutes (1991). See Bryant v. State, 599 So.2d 1349 (Fla. 1st DCA 1992). In all other respects, we find no error.

AFFIRMED AND REVERSED IN PART AND REMANDED WITH DIRECTIONS.

[141]*141STONE and FARMER, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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Related

State v. Nelson
577 So. 2d 971 (District Court of Appeal of Florida, 1991)
Bryant v. State
599 So. 2d 1349 (District Court of Appeal of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
613 So. 2d 140, 1993 Fla. App. LEXIS 1309, 1993 WL 20438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bostic-v-state-fladistctapp-1993.