RICHARD WITHERSPOON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD WITHERSPOON, APPELLANT,
STATE OF FLORIDA, APPELLEE
597 So. 2d 986
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
As the state concedes, the sole point meriting discussion concerns the trial court’s incorrect designation of the crimes the defendant committed. The trial court classified the crime of shooting into an occupied vehicle as a first degree felony, when in fact it is a second degree felony. Section 790.19, Fla.Stat. (1991). It also misclassified the crime of aggravated assault as a second degree felony instead of a third degree felony. Section 784.021(2), Fla.Stat. (1991). We remand this judgment for correction of the foregoing errors contained in it.
AFFIRMED IN PART; REMANDED IN PART. LETTS and GARRETT, JJ., and WALDEN, JAMES H., Senior Judge, concur.
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Witherspoon v. State, 634 So. 2d 208 (Fla. 4th DCA 1994)…fense as a second degree felony. On appeal, this court held that the trial court misclassified the offense of aggravated assault, and that it was actually a third degree felony under section 784.021(2), Florida Statutes (1991). Witherspoon v. State, 597 So. 2d 986 (Fla. 4th DCA 1992). A third degree felony is punishable with up to five years in prison. § 775.082(3)(d), Fla.Stat. (1993). The trial court imposed upon appellant a sentence of twelve years as to each count to run concurrently. This is in excess of…