Kissane v. State

• Decision Date: 09 August 2000
• Docket Number: No. 4D99-2192.,4D99-2192.
• Citation: 764 So.2d 886
• Parties: Bernard A. KISSANE, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

764 So.2d 886

Bernard A. KISSANE, Appellant, v. STATE of Florida, Appellee.

No. 4D99-2192.

District Court of Appeal of Florida, Fourth District.

August 9, 2000.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and M. Rebecca Springer, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

We affirm appellant's conviction of aggravated battery. See Peede v. State, 474 So.2d 808 (Fla.1985), cert. denied, 477 U.S. 909, 106 S.Ct. 3286, 91 L.Ed.2d 575 (1986); Edwards v. State, 548 So.2d 656 (Fla.1989). We accept the State's concession that based on Heggs v. State, 759 So.2d 620 (Fla.2000), appellant's sentence should be vacated. It is apparent from the record that appellant's sentence pursuant to the 1995 guidelines exceeds the maximum sentence allowed under the 1994 guidelines. We therefore reverse appellant's sentence and remand this cause to the trial court for resentencing.

AFFIRMED IN PART, REVERSED IN PART and REMANDED.

DELL, GUNTHER and STEVENSON, JJ., concur.