CHRISTOPHER CASE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHRISTOPHER CASE, APPELLANT,
STATE OF FLORIDA, APPELLEE
723 So. 2d 328
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Christopher Case raises several issues in this appeal of the denial of his motion for postconviction relief. We find merit only in his contention that the trial court erred in denying him relief with regard to his conviction of attempted aggravated battery on a law enforcement officer because the supreme court has held that offense to be nonexistent. Merritt v. State, 712 So. 2d 384, 385 (Fla.1998).
Accordingly, we affirm the order denying Case’s motion for postconviction relief except that we remand with directions that Case be resentenced for the offense of attempted aggravated battery without felony reclassification based upon section 784.07(2)(b), Florida Statutes (1993).
FULMER, A.C.J., and WHATLEY and GREEN, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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H.E.S. v. State, 773 So. 2d 80 (Fla. 2d DCA 2000)…erefore reverse H.E.S.’s judgment and sentence. Upon remand, we direct that H.E.S. be found guilty of the crime of attempted aggravated battery and that he be sentenced for this charge. See Merritt v. State, 712 So. 2d 384 (Fla.1998); Case v. State, 723 So. 2d 328 (Fla. 2d DCA 1998); § 784.07(2)(b), Fla. Stat. (Supp.1998). Reversed with directions. WHATLEY, A.C.J., and NORTHCUTT, J., Concur.…
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Avant Cap., LLC v. Gomez, 254 So. 3d 1042 (Fla. 4th DCA 2018)
Authorities Cited
- Merritt v. State, 712 So. 2d 384 (Fla. 1998)