Zitzman v. State

DIAMANTIS, Judge.

We affirm Richard Paul Zitzman’s conviction for aggravated assault on a law enforce*1220ment officer;1 however, we must vacate the three-year mandatory minimum sentence because, as the state properly has conceded, the mandatory minimum sentence is one year. See § 775.0823(7), Fla.Stat. (1991).2 Thus, we vacate the three-year mandatory minimum sentence and remand this cause for imposition of the one-year mandatory minimum sentence.

Conviction AFFIRMED; sentence AFFIRMED in part and VACATED in part; and cause REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.. See §§ 784.021, 784.07,…