RICKY MYERS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-08-05
No. 3D08-2250
Before RAMIREZ, C.J., and WELLS, and SUAREZ, JJ.
16 So. 3d 918 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Merritt v. State, 712 So.2d 384, 385 (Fla.1998) (finding that attempted battery on a law enforcement officer is a non-existent crime and ordering that the defendant be resentenced to attempted battery); J.S. v. State, 925 So.2d 438, 438 (Fla. 5th DCA 2006) (ordering resentencing of defendant to attempted battery from the non-existent charged crime of attempted battery on a law enforcement officer); see also Velez v. State, 988 So.2d 707, 708 (Fla. 3d DCA 2008) (finding that the defendant was not entitled to be personally present at the sentence reduction for a conviction which ran concurrent with another conviction for which he given a longer sentence).


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  • Ponton v. Warden John Willis, 172 So. 3d 574 (Fla. 1st DCA 2015)
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  • Ponton v. State, 73 So. 3d 70 (Fla. 2011)
    …PARIENTE, J. Gregory Ponton seeks review of the decision of the Third District Court of Appeal in Ponton v. State, 16 So. 3d 918 (Fla. 3d DCA 2009), on the ground that it expressly and directly conflicts with the decision of the Second District Court of Appeal in Rutherford v. State, 820 So. 2d 407 (Fla. 2d DCA 2002), as it relates to whether the trial court can designate a d…

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