Constantino v. State

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 judgment and guidelines score-sheet should be corrected to reflect that the conviction for false imprisonment is a third degree felony.

The state also…