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ZITZMAN v. STATE

No. 94-218.

640 So.2d 1219 (1994)

Richard Paul ZITZMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 5, 1994.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Sean K. Ahmed, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.

DIAMANTIS, Judge.

We affirm Richard Paul Zitzman's conviction for aggravated assault on a law enforcement officer;1 however, we must vacate the three-year mandatory minimum sentence because, as the state properly has conceded, the mandatory minimum sentence is one year. See § 775.0823(7), Fla. Stat. (1991).2 Thus, we vacate the three-year mandatory minimum...

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