Parrish v. State

District Court of Appeal of Florida

Parrish v. State

589 So. 2d 1043, 1991 Fla. App. LEXIS 12524, 1991 WL 267950

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 1991

DocketNo. 90-1972

StatusPublished

Cited by1 cases

This text of 589 So. 2d 1043 (Parrish 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

Parrish v. State, 589 So. 2d 1043, 1991 Fla. App. LEXIS 12524, 1991 WL 267950 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The appellant was convicted of burglary of an occupied conveyance with assault; theft; grand theft-third degree; and battery of a law enforcement officer. He was sentenced as an habitual offender to life imprisonment for the burglary of an occupied conveyance with an assault therein. On the other convictions he was sentenced to terms of five years to run concurrently with the life term.

On appeal the appellant urges error in failure to grant his motion for judgment of acquittal as to the aggravated battery on a law enforcement officer. The state concedes error as to this conviction and sentence for battery on a law enforcement officer. Williamson v. State, 510 So.2d 335 (Fla. 4th DCA 1987). We affirm as to the remaining points on appeal. Hayes v. State, 587 So.2d 578 (Fla. 3d DCA 1991); Minnis v. State, 505 So.2d 17 (Fla. 3d DCA 1987); Hines v. State, 425 So.2d 589 (Fla. 3d DCA 1983). We therefore amend the adjudication of guilt by striking therefrom the conviction for assault on a law enforcement officer and strike the five year sentence imposed for such conviction. As so modified, we affirm the remaining judgments of convictions and sentencing thereon.

Affirmed as modified.

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PER CURIAM.

The appellant was convicted of burglary of an occupied conveyance with assault; theft; grand theft-third degree; and battery of a law enforcement officer. He was sentenced as an habitual offender to life imprisonment for the burglary of an occupied conveyance with an assault therein. On the other convictions he was sentenced to terms of five years to run concurrently with the life term.

On appeal the appellant urges error in failure to grant his motion for judgment of acquittal as to the aggravated battery on a law enforcement officer. The state concedes error as to this conviction and sentence for battery on a law enforcement officer. Williamson v. State, 510 So.2d 335 (Fla. 4th DCA 1987). We affirm as to the remaining points on appeal. Hayes v. State, 587 So.2d 578 (Fla. 3d DCA 1991); Minnis v. State, 505 So.2d 17 (Fla. 3d DCA 1987); Hines v. State, 425 So.2d 589 (Fla. 3d DCA 1983). We therefore amend the adjudication of guilt by striking therefrom the conviction for assault on a law enforcement officer and strike the five year sentence imposed for such conviction. As so modified, we affirm the remaining judgments of convictions and sentencing thereon.

Affirmed as modified.

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589 So. 2d 1043, 1991 Fla. App. LEXIS 12524, 1991 WL 267950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parrish-v-state-fladistctapp-1991.

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