KERRIGAN v. STATE

No. 1D11-6101.

99 So.3d 553 (2012)

James Edward KERRIGAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 21, 2012.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and M. Gene Stephens , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Giselle Denise Lylen , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

We affirm Appellant's convictions and his sentence for Count 1, but upon the State's proper concession of error, we reverse and remand for resentencing on Count 2 (Domestic Battery). The record does not contain any evidence of a prior conviction of battery, aggravated battery, or felony battery that would allow the offense to be punished as a third-degree felony under section 784.03(2), Florida Statutes (2010). Without such evidence, the offense of domestic...

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