STATE OF FLORIDA, APPELLANT,
v.
JOHN LOWTHER, APPELLEE
STATE OF FLORIDA, APPELLANT,
JOHN LOWTHER, APPELLEE
597 So. 2d 986
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
REVERSED. We agree with the state that the circuit court erred in holding as a matter of law that the appellee’s speedy trial rights were violated. See State v. Brown, 527 So. 2d 209 (Fla. 3d DCA), rev. denied, 534 So. 2d 398 (Fla.1988); Birken v. Scheer, 543 So. 2d 330 (Fla. 4th DCA), rev. denied, 553 So. 2d 1166 (Fla.1989); State v. Counce, 392 So. 2d 1029 (Fla. 4th DCA 1981).
GLICKSTEIN, C.J., and ANSTEAD and POLEN, JJ., concur.
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Witherspoon v. State, 634 So. 2d 208 (Fla. 4th DCA 1994)…fense as a second degree felony. On appeal, this court held that the trial court misclassified the offense of aggravated assault, and that it was actually a third degree felony under section 784.021(2), Florida Statutes (1991). Witherspoon v. State, 597 So. 2d 986 (Fla. 4th DCA 1992). A third degree felony is punishable with up to five years in prison. § 775.082(3)(d), Fla.Stat. (1993). The trial court imposed upon appellant a sentence of twelve years as to each count to run concurrently. This is in excess of…
Authorities Cited
- State v. Brown, 527 So. 2d 209 (Fla. 3d DCA 1988)
- State v. Counce, 392 So. 2d 1029 (Fla. 4th DCA 1981)
- Benn v. Sims, 543 So. 2d 330 (Fla. 4th DCA 1989)
- Honorable Arthur Birken v. Scheer, 543 So. 2d 330 (Fla. 4th DCA 1989)