ANTHONY PRESLEY A/K/A JIM PRESLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that Count IV (resisting arrest with violence) was a lesser included offense of Counts I (aggravated assault) and III (battery of a law enforcement officer), requiring vacation of the sentence for Count IV. The court also held the appellant did not qualify for youthful offender treatment.
Appellant was convicted of aggravated assault, robbery, battery of a law enforcement officer, and resisting arrest with violence. He appealed, arguing…
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DELL, Judge.
Appellant was charged by information and convicted of Count I, aggravated assault as a lesser included offense of the charge of attempted murder; Count II, robbery; Count III, battery of a law enforcement officer; and Count IV, resisting arrest with violence. Appellant contends he was improperly convicted and sentenced twice for the same offense in that Count IV duplicates Counts I and III. Appellant further contends that the trial court erred in refusing to sentence him as a youthful offender. We have examined the allegations of the information and the evidence and hold that Count IV is a lesser included offense of Counts I and III. Brown v. State, 206 So. 2d 377 (Fla.1968). Although the conviction was proper, the sentence must be vacated. State v. Hegstrom, 401 So. 2d 1343 (Fla.1981).
Appellant does not qualify for mandatory youthful offender treatment. State v. Goodson, 403 So. 2d 1337 (Fla.1981). The trial judge did not abuse his discretion by sentencing appellant as an adult.
The sentence for Count IV, resisting arrest with violence, is vacated. In all other respects, the judgment of the trial court is affirmed.
AFFIRMED in part; REVERSED in part; REMANDED.
DOWNEY and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brown v. State, 206 So. 2d 377 (Fla. 1968)
- State v. Hegstrom, 401 So. 2d 1343 (Fla. 1981)
- State v. Rivers, 401 So. 2d 1343 (Fla. 1981)
- State v. Goodson, 403 So. 2d 1337 (Fla. 1981)