RONALD RICHARD DESCAULT, v. STATE OF FLORIDA
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RONALD RICHARD DESCAULT, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D11-3482 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 3, 2012. An appeal from the Circuit Court for Escambia County. Linda L. Nobles, Judge. Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee. WOLF, J. Ronald Descault challenges on appeal his resentencing for aggravated battery with a deadly weapon and with great bodily injury. Appellant raises two points, one of which we find has merit. The trial court improperly reclassified appellant s offense from a second-degree felony to a first-degree felony. We find this case indistinguishable from Cabral v. State, 944 So. 2d 1026 (Fla. 1st DCA 2006), and Webb v. State, 997 So. 2d 469 (Fla. 2d DCA 2008), and thus, are constrained to remand for resentencing. Absent these and other similar decisions, we would find the reasoning of Judge Altenbernd s dissent in Webb to be persuasive. Reversed and remanded for resentencing in accordance with this opinion. LEWIS and THOMAS, JJ., CONCUR. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
