Opinion
No. 4D00-1287.
November 21, 2001. Rehearing Denied February 28, 2002.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ronald J. Rothschild, Judge; L.T. Case No. 99-2563 CF10A.
John G. George of John G. George, P.A., Fort Lauderdale, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, Daniel Hyndman and Bart Schneider, Assistant Attorneys General, West Palm Beach, for appellee.
James Ader appeals his conviction and sentence for battery on a law enforcement officer. We affirm his conviction. However, we reverse appellant's sentence and remand for further proceedings. The State concedes that due to the lack of a transcript, appellant is entitled to a new sentencing hearing. Pugatch v. State, 560 So.2d 419 (Fla. 4th DCA 1990); Yancey v. State, 267 So.2d 836 (Fla. 4th DCA 1972).
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
DELL, GUNTHER and TAYLOR, JJ., concur.