Smith v. State

PER CURIAM.

Cornelius Smith appeals his conviction and sentence for aggravated battery. For the reasons stated in our recent opinion Knott v. State, 573 So.2d 179 (Fla. 2d DCA 1991) which involved Smith’s codefendant, we reverse and remand with instructions that the trial court vacate the judgment and sentence, enter a judgment for simple battery, and resentence accordingly.

SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.