SHIRLEY v. STATE

No. 93-03702.

647 So.2d 905 (1994)

Antwan SHIRLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 2, 1994.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Brad Permar, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kimberly D. Nolen, Asst. Atty. Gen., Tampa, for appellee.


SCHOONOVER, Acting Chief Judge.

The appellant, Antwan Shirley, challenges the judgment and sentence imposed upon him for the crime of simple battery. We affirm the conviction but reverse and remand for resentencing.

The appellant was initially charged with two counts of robbery with a firearm, one count of attempted robbery with a firearm, and one count of aggravated battery. A jury found him guilty of two counts of robbery and one count of simple battery...

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