Zitzman v. State

640 So. 2d 1219, 1994 Fla. App. LEXIS 7757, 1994 WL 406607
District Court of Appeal of Florida·Decided August 5, 1994·No. No. 94-218·Published·Cited by 2 cases

Opinion

DIAMANTIS, Judge.

We affirm Richard Paul Zitzman’s conviction for aggravated assault on a law enforce[1220]*1220ment officer;1 however, we must vacate the three-year mandatory minimum sentence because, as the state properly has conceded, the mandatory minimum sentence is one year. See § 775.0823(7), Fla.Stat. (1991).2 Thus, we vacate the three-year mandatory minimum sentence and remand this cause for imposition of the one-year mandatory minimum sentence.

Conviction AFFIRMED; sentence AFFIRMED in part and VACATED in part; and cause REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.

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Zitzman v. State, 640 So. 2d 1219, 1994 Fla. App. LEXIS 7757, 1994 WL 406607 (Fla. Ct. App. 1994).

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