OLDENBURG v. STATE

No. 72-690.

270 So.2d 387 (1972)

Erik W. OLDENBURG, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 19, 1972.


Attorney(s) appearing for the Case

Tobias Simon and Elizabeth J. du Fresne, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and William L. Rogers, Asst. Atty. Gen., for appellee.

Before PEARSON and HENDRY, JJ., and WARD, C. LAVON, Associate Judge.


PER CURIAM.

In light of the record in this cause, we find that there was sufficient evidence to support the trial judge's finding that the appellant was guilty of a simple assault and battery within the purview of § 784.03, Fla. Stat., F.S.A., and that such a finding was proper under the charged crime as a lesser included offense thereof.

However, we are of the opinion that the trial judge erred in sentencing the appellant pursuant to § 801.091 and...

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