Opinion
No. 94-218.
August 5, 1994.
Appeal from the Circuit Court for Orange County; Alice Blackwell White, Judge.
James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.
We affirm Richard Paul Zitzman's conviction for aggravated assault on a law enforcement officer; however, we must vacate the three-year mandatory minimum sentence because, as the state properly has conceded, the mandatory minimum sentence is one year. See § 775.0823(7), Fla. Stat. (1991). Thus, we vacate the three-year mandatory minimum sentence and remand this cause for imposition of the one-year mandatory minimum sentence.
See §§ 784.021, 784.07, Fla. Stat. (1993).
Section 775.0823(7), Florida Statutes (1991), is applicable because Zitzman committed the offense on July 6, 1993. Section 775.0823(7), Florida Statutes (1993), which authorizes the imposition of a sentence in accordance with the sentencing guidelines, applies to offenses committed on or after January 1, 1994.
Conviction AFFIRMED; sentence AFFIRMED in part and VACATED in part; and cause REMANDED.
DAUKSCH and GRIFFIN, JJ., concur.