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GUTIERREZ v. STATE

No. 2D12-1707.

122 So.3d 428 (2013)

Kirk Mariano GUTIERREZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 18, 2013.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Robert D. Rosen , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Johnny T. Salgado , Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Kirk Mariano Gutierrez challenges his convictions and sentences for aggravated assault with a firearm and aggravated battery with great bodily harm. He raises three issues of which we find merit only in the third, an error on the sentencing document that the State concedes. The aggravated battery conviction, a second-degree felony, was erroneously listed as a first-degree felony. Accordingly, we affirm Mr. Gutierrez's convictions and sentences but...

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