CONSTANTINO v. STATE

No. 94-01119.

666 So.2d 225 (1995)

Kraig CONSTANTINO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 29, 1995.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Karen Kinney, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.


PER CURIAM.

The defendant, Kraig Constantino, appeals his convictions for aggravated assault, aggravated battery, and false imprisonment. We affirm the convictions, but remand for correction of the sentence.

The defendant contends, and the state agrees, that the false imprisonment conviction may not be enhanced to a first degree felony because the information did not allege the use of a firearm and the jury made no such finding in its verdict. On remand, the...

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