Himes v. State

ALTENBERND, Acting Chief Judge.

• Martin T. Himes appeals his conviction for attempted battery on a law enforcement officer and his concurrent upward departure sentences for attempted aggravated battery on a law enforcement officer and aggravated fleeing or attempting to elude.1 We reverse the challenged conviction and impose an appropriate lesser-included offense. We approve two of the three grounds for the departure sentences. On remand, Mr. Himes must be resen-tenced under the 1994 guidelines, but the trial court is permitted to impose a departure sentence.

Mr. Himes argues correctly that…