Rias v. State

THOMPSON, Judge.

Alvin Rias (“Rias”) appeals his departure sentence for his conviction for the offense of battery on a law enforcement officer.1 We affirm his conviction but vacate his sentence and remand the case for resentencing.

Rias was an inmate in the Brooksville Drug Treatment Road Camp in Hernando County. He violated the camp rules and was disciplined after an administrative hearing. Because he did not like the disposition, he became aggressive and corrections officers had to forcibly restrain him. As a result of the altercation, he was charged with two counts of battery on law…