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OLIVERA v. STATE

No. BG-50.

494 So.2d 298 (1986)

Fernando OLIVERA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 23, 1986.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from a judgment, adjudicating appellant guilty of aggravated battery, and from a departure sentence in which appellant was sentenced to five years of imprisonment.

We reverse and remand for resentencing with further instructions that the judgment reflect that appellant pled guilty to, and was adjudicated guilty of, aggravated assault as opposed to aggravated battery. We reverse and remand for resentencing because...

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