IZQUIERDO v. STATE

No. 5D03-3492.

890 So.2d 1263 (2005)

Mamerto IZQUIERDO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 2005.


Attorney(s) appearing for the Case

Raymond M. Warren of Warren & Warren, P.A., Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.


TORPY, J.

Mamerto Izquierdo ("Appellant") appeals his judgment and sentence following a jury trial on one count of aggravated assault, a third-degree felony, and one count of misdemeanor battery. Because we conclude that the lower court lacked jurisdiction to adjudicate the unrelated misdemeanor, we reverse as to that conviction. In all other respects, we affirm.

On April 29, 2002, Sheriff's Deputy Bentley was dispatched to the home of Mamerto and Maria Izquierdo...

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