Case v. State

District Court of Appeal of Florida

Case v. State

723 So. 2d 328, 1998 Fla. App. LEXIS 15344, 1998 WL 845910

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1998

DocketNo. 97-04988

StatusPublished

Cited by1 cases

This text of 723 So. 2d 328 (Case 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.

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Case v. State, 723 So. 2d 328, 1998 Fla. App. LEXIS 15344, 1998 WL 845910 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Christopher Case raises several issues in this appeal of the denial of his motion for postconviction relief. We find merit only in his contention that the trial court erred in denying him relief with regard to his conviction of attempted aggravated battery on a law enforcement officer because the supreme court has held that offense to be nonexistent. Merritt v. State, 712 So.2d 384, 385 (Fla.1998).

Accordingly, we affirm the order denying Case’s motion for postconviction relief except that we remand with directions that Case be resentenced for the offense of attempted aggravated battery without felony reclassification based upon section 784.07(2)(b), Florida Statutes (1993).

FULMER, A.C.J., and WHATLEY and GREEN, JJ., Concur.

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PER CURIAM.

Christopher Case raises several issues in this appeal of the denial of his motion for postconviction relief. We find merit only in his contention that the trial court erred in denying him relief with regard to his conviction of attempted aggravated battery on a law enforcement officer because the supreme court has held that offense to be nonexistent. Merritt v. State, 712 So.2d 384, 385 (Fla.1998).

Accordingly, we affirm the order denying Case’s motion for postconviction relief except that we remand with directions that Case be resentenced for the offense of attempted aggravated battery without felony reclassification based upon section 784.07(2)(b), Florida Statutes (1993).

FULMER, A.C.J., and WHATLEY and GREEN, JJ., Concur.

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723 So. 2d 328, 1998 Fla. App. LEXIS 15344, 1998 WL 845910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/case-v-state-fladistctapp-1998.

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