Smith v. State

Appellant appeals his judgment and sentences resulting from convictions for aggravated battery and aggravated assault. Merit is found only in appellant’s allegation that the trial court exceeded the statutory maximum as to the sentence he received for aggravated assault.

At sentencing, the trial court imposed concurrent state prison terms of seven years for both the aggravated battery and the aggravated assault. Under section 784.021(2), Florida Statutes (1985), aggravated assault is defined as a third-degree felony, punishable by a term of incarceration not to exceed five years. §…