Holloway v. State

Full title: BOBBIE S. HOLLOWAY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 7, 1990

568 So. 2d 1348 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2680.

November 7, 1990.

Appeal from the Circuit Court for Broward County; Stanton S. Kaplan, Judge.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The judgment in this cause is in error because it designates aggravated assault with a firearm as a second degree felony. The state agrees that it is a third degree felony, § 784.021, 775.082, Florida Statutes (1987), Blanton v. State, 388 So.2d 1271 (Fla. 4th DCA 1980), and we remand for correction.

In all other respects, the judgment is affirmed.

AFFIRMED IN PART; REMANDED IN PART.

LETTS, POLEN and GARRETT, JJ., concur.