Kissane v. State

District Court of Appeal of Florida

Kissane v. State

764 So. 2d 886, 2000 Fla. App. LEXIS 10116, 2000 WL 1140494

CourtDistrict Court of Appeal of Florida

DecidedAugust 9, 2000

DocketNo. 4D99-2192

StatusPublished

Cited by1 cases

This text of 764 So. 2d 886 (Kissane 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

Kissane v. State, 764 So. 2d 886, 2000 Fla. App. LEXIS 10116, 2000 WL 1140494 (Fla. Ct. App. 2000).

Pincite

Opinion

PER CURIAM.

We affirm appellant’s conviction of aggravated battery. See Peede v. State, 474 So.2d 808 (Fla.1985), cert. denied, 477 U.S. 909, 106 S.Ct. 3286, 91 L.Ed.2d 575 (1986); Edwards v. State, 548 So.2d 656 (Fla.1989). We accept the State’s concession that based on Heggs v. State, 759 So.2d 620 (Fla.2000), appellant’s sentence should be vacated. It is apparent from the record that appellant’s sentence pursuant to the 1995 guidelines exceeds the maximum sentence allowed under the 1994 guidelines. We therefore reverse appellant’s sentence and remand this cause to the trial court for resentencing.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

DELL, GUNTHER and STEVENSON, JJ., concur.

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

PER CURIAM.

We affirm appellant’s conviction of aggravated battery. See Peede v. State, 474 So.2d 808 (Fla.1985), cert. denied, 477 U.S. 909, 106 S.Ct. 3286, 91 L.Ed.2d 575 (1986); Edwards v. State, 548 So.2d 656 (Fla.1989). We accept the State’s concession that based on Heggs v. State, 759 So.2d 620 (Fla.2000), appellant’s sentence should be vacated. It is apparent from the record that appellant’s sentence pursuant to the 1995 guidelines exceeds the maximum sentence allowed under the 1994 guidelines. We therefore reverse appellant’s sentence and remand this cause to the trial court for resentencing.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

DELL, GUNTHER and STEVENSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

764 So. 2d 886, 2000 Fla. App. LEXIS 10116, 2000 WL 1140494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kissane-v-state-fladistctapp-2000.

Opinion

Related

Cite This Page — Counsel Stack