Zambuto v. State

District Court of Appeal of Florida

Zambuto v. State

507 So. 2d 676, 12 Fla. L. Weekly 1252, 1987 Fla. App. LEXIS 8151

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 1987

DocketNo. 85-2767

StatusPublished

This text of 507 So. 2d 676 (Zambuto 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

Zambuto v. State, 507 So. 2d 676, 12 Fla. L. Weekly 1252, 1987 Fla. App. LEXIS 8151 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

We affirm appellant’s conviction of one count of aggravated battery as there has been no demonstration of reversible error.

We reverse appellant’s sentence and remand for resentencing because the trial court erred in departing from the sentencing guidelines based on appellant’s status as a habitual offender. Whitehead v. State, 498 So.2d 863 (Fla.1986).

As to appellant’s pro se efforts to raise a claim of incompetence and ineffective assistance of trial counsel, our affirmance shall be without prejudice to appellant making such claim via Rule 3.850, Florida Rules of Criminal Procedure.

Affirmed in part; reversed in part and remanded for resentencing.

ANSTEAD, DELL and WALDEN, JJ., concur.

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