WINGATE v. STATE

No. 90-02862.

590 So.2d 1108 (1991)

Daniel Allen WINGATE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 27, 1991.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and William Pena Wells, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


RYDER, Acting Chief Judge.

Daniel Allen Wingate challenges his convictions and sentences for armed robbery with a deadly weapon, aggravated battery and falsely impersonating a police officer during the commission of a felony. He raises three points on appeal. We find merit in his third argument that the trial court erred in exceeding the maximum penalty of fifteen years for count II, aggravated battery, a second degree felony.

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