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Smith v. State

District Court of Appeal of Florida, Second District
Apr 5, 1991
576 So. 2d 1380 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-00372.

April 5, 1991.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

Lawrence D. Shearer of McDonald Shearer, Lakeland, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Mark S. Dunn, Asst. Atty. Gen., Miami, for appellee.


Cornelius Smith appeals his conviction and sentence for aggravated battery. For the reasons stated in our recent opinion Knott v. State, 573 So.2d 179 (Fla. 2d DCA 1991) which involved Smith's codefendant, we reverse and remand with instructions that the trial court vacate the judgment and sentence, enter a judgment for simple battery, and resentence accordingly.

SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Second District
Apr 5, 1991
576 So. 2d 1380 (Fla. Dist. Ct. App. 1991)
Case details for

Smith v. State

Case Details

Full title:CORNELIUS SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 5, 1991

Citations

576 So. 2d 1380 (Fla. Dist. Ct. App. 1991)