SCOTT v. STATE

No. 92-1537.

619 So.2d 508 (1993)

Archie SCOTT, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 15, 1993.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Carol J.Y. Wilson, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.


PER CURIAM.

Defendant appeals his conviction and sentence for aggravated assault. We affirm defendant's conviction but vacate the sentence and remand for resentencing.

The incident upon which defendant's conviction is based occurred when defendant and his father fought. The father claimed his son had thrown two liquor bottles at him and hit him with a curbstone. Defendant was charged with two counts of aggravated assault, one count of aggravated battery, and...

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