640 So. 2d 1219

Richard Paul ZITZMAN, Appellant, v. STATE of Florida, Appellee.

No. 94-218.

District Court of Appeal of Florida, Fifth District.

Aug. 5, 1994.

James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Day-tona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.

DIAMANTIS, Judge.

We affirm Richard Paul Zitzman’s conviction for aggravated assault on a law enforce*1220ment officer;1 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).2 Thus, we vacate the three-year mandatory minimum sentence and remand this cause for imposition of the one-year mandatory minimum sentence.

Conviction AFFIRMED; sentence AFFIRMED in part and VACATED in part; and cause REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.

Zitzman v. State
640 So. 2d 1219

Case Details

Name
Zitzman v. State
Decision Date
Aug 5, 1994
Citations

640 So. 2d 1219

Jurisdiction
Florida

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