JAMES EDWARD KERRIGAN, v. STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES EDWARD KERRIGAN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-6101 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed August 21, 2012. An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge. Nancy A. Daniels, Public Defender, and M. Gene Stephens, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. We affirm Appellant s convictions and his sentence for Count 1, but upon the State s proper concession of error, we reverse and remand for resentencing on Count 2 (Domestic Battery). The record does not contain any evidence of a prior conviction of battery, aggravated battery, or felony battery that would allow the offense to be punished as a third-degree felony under section 784.03(2), Florida Statutes (2010). Without such evidence, the offense of domestic battery is a firstdegree misdemeanor punishable by up to one year in jail. See §§ 784.03(1)(b), 775.082(4)(a), Fla. Stat. (2010). Therefore, the sentence imposed for Count 2 84 days of time served in jail followed by one year of community control and one year of probation exceeds the statutory maximum and is illegal. AFFIRMED in part; REVERSED in part; REMANDED for further proceedings. THOMAS, WETHERELL, and MARSTILLER, 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.