Sanders v. State

Full title: JOHN SANDERS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Apr 15, 1981

396 So. 2d 1192 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1847.

April 15, 1981.

Appeal from Circuit Court, Pinellas County; Maynard F. Swanson, Judge.

Jerry Hill, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm appellant's judgment and sentence of aggravated battery in violation of section 784.045, Florida Statutes (1979). In light of this court's recent holding in McAbee v. State, 391 So.2d 373 (Fla.2d DCA 1980), appellant's judgment and sentence for "attempted" resisting arrest with violence in violation of section 843.01, Florida Statutes (1979), is hereby vacated.

BOARDMAN, Acting C.J., and GRIMES and DANAHY, JJ., concur.