Ashwood v. State

BLUE, Judge.

Robert Ashwood (Ashwood) appeals his judgments and sentences for false imprisonment, attempted sexual battery with a deadly weapon, and aggravated assault. We find merit only in his contention that he was improperly sentenced to life imprisonment for attempted sexual battery with a deadly weapon. Accordingly, we reverse that sentence and remand for resentencing.

The state concedes Ashwood was improperly sentenced. Pursuant to section 794.-011(3), Florida Statutes (1989), sexual battery with a deadly weapon is a life felony. Section 777.04(4)(b), Florida Statutes (1989), provides…