RONALD RICHARD DESCAULT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RONALD RICHARD DESCAULT, APPELLANT,
STATE OF FLORIDA, APPELLEE
90 So. 3d 997
Florida District Court of Appeal, First District (2012)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Ronald Descault challenges on appeal his resentencing for aggravated battery with a deadly weapon and with great bodily injury. Appellant raises two points, one of which we find has merit. The trial court improperly reclassified appellant’s offense from a second-degree felony to a first-degree felony. We find this case indistinguishable from Cabral v. State, 944 So.2d 1026 (Fla. 1st DCA 2006), and Webb v. State, 997 So.2d 469 (Fla. 2d DCA 2008), and thus, are constrained to remand for resentencing. Absent these and other similar decisions, we would find the reasoning of Judge Altenbernd’s dissent in Webb to be persuasive.
Reversed and remanded for resentenc-ing in accordance with this opinion.
LEWIS and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Frasier v. State, 132 So. 3d 365 (Fla. 1st DCA 2014)…n.” Appellant’s conviction for aggravated battery under both statutory theories cannot be reclassified pursuant to section 775.087(1) because it cannot be determined that the conviction was not based on the use of a deadly weapon. Descault v. State, 90 So. 3d 997 (Fla. 1st DCA 2012); Hernandez v. State, 30 So. 3d 610 (Fla. 3d DCA 2010); Webb v. State, 997 So. 2d 469 (Fla. 2d DCA 2008); Cabral v. State, 944 So. 2d 1026 (Fla. 1st DCA 2006); Perry v. State, 858 So. 2d 1270 (Fla. 1st DCA 2003); Dozier v. State,…
Authorities Cited
- Cabral v. State, 944 So. 2d 1026 (Fla. 1st DCA 2006)
- Webb v. State, 997 So. 2d 469 (Fla. 2d DCA 2008)