Descault v. State

District Court of Appeal of Florida

Descault v. State

90 So. 3d 997, 2012 WL 2549846, 2012 Fla. App. LEXIS 10605

CourtDistrict Court of Appeal of Florida

DecidedJuly 3, 2012

DocketNo. 1D11-3482

StatusPublished

Cited by1 cases

This text of 90 So. 3d 997 (Descault 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

Descault v. State, 90 So. 3d 997, 2012 WL 2549846, 2012 Fla. App. LEXIS 10605 (Fla. Ct. App. 2012).

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Opinion

WOLF, J.

Ronald Descault challenges on appeal his resentencing for aggravated battery with a deadly weapon and with great bodily injury. Appellant raises two points, one of which we find has merit. The trial court improperly reclassified appellant’s offense from a second-degree felony to a first-degree felony. We find this case indistinguishable from Cabral v. State, 944 So.2d 1026 (Fla. 1st DCA 2006), and Webb v. State, 997 So.2d 469 (Fla. 2d DCA 2008), and thus, are constrained to remand for resentencing. Absent these and other similar decisions, we would find the reasoning of Judge Altenbernd’s dissent in Webb to be persuasive.

Reversed and remanded for resentenc-ing in accordance with this opinion.

LEWIS and THOMAS, JJ., concur.

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WOLF, J.

Ronald Descault challenges on appeal his resentencing for aggravated battery with a deadly weapon and with great bodily injury. Appellant raises two points, one of which we find has merit. The trial court improperly reclassified appellant’s offense from a second-degree felony to a first-degree felony. We find this case indistinguishable from Cabral v. State, 944 So.2d 1026 (Fla. 1st DCA 2006), and Webb v. State, 997 So.2d 469 (Fla. 2d DCA 2008), and thus, are constrained to remand for resentencing. Absent these and other similar decisions, we would find the reasoning of Judge Altenbernd’s dissent in Webb to be persuasive.

Reversed and remanded for resentenc-ing in accordance with this opinion.

LEWIS and THOMAS, JJ., concur.

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Bluebook (online)

90 So. 3d 997, 2012 WL 2549846, 2012 Fla. App. LEXIS 10605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/descault-v-state-fladistctapp-2012.

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