Albertie v. State

District Court of Appeal of Florida

Albertie v. State

682 So. 2d 228, 1996 Fla. App. LEXIS 12419, 1996 WL 640570

CourtDistrict Court of Appeal of Florida

DecidedNovember 7, 1996

DocketNo. 95-3654

StatusPublished

This text of 682 So. 2d 228 (Albertie v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Albertie v. State, 682 So. 2d 228, 1996 Fla. App. LEXIS 12419, 1996 WL 640570 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

In this direct criminal appeal, appellant seeks review of his conviction for attempted [229]*229premeditated first-degree murder, and his 15-year sentence therefor as an habitual violent felony offender. We conclude that the arguments addressed to reversal of appellant’s conviction merit neither discussion nor reversal. Accordingly, we affirm the conviction without further discussion. However, because we conclude that appellant was found guilty, and convicted, of a life felony, we vacate appellant’s sentence as an habitual violent felony offender and remand for imposition of a sentence arrived at pursuant to the guidelines. Boatwright v. State, 687 So.2d 353 (Fla. 1st DCA 1994) (attempted first-degree murder “by shooting” is a life felony, to which the habitual offender statute does not apply).

CONVICTION AFFIRMED; SENTENCE VACATED, and REMANDED, with directions.

MINER, ALLEN and WEBSTER, JJ., concur.

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PER CURIAM.

In this direct criminal appeal, appellant seeks review of his conviction for attempted [229]*229premeditated first-degree murder, and his 15-year sentence therefor as an habitual violent felony offender. We conclude that the arguments addressed to reversal of appellant’s conviction merit neither discussion nor reversal. Accordingly, we affirm the conviction without further discussion. However, because we conclude that appellant was found guilty, and convicted, of a life felony, we vacate appellant’s sentence as an habitual violent felony offender and remand for imposition of a sentence arrived at pursuant to the guidelines. Boatwright v. State, 687 So.2d 353 (Fla. 1st DCA 1994) (attempted first-degree murder “by shooting” is a life felony, to which the habitual offender statute does not apply).

CONVICTION AFFIRMED; SENTENCE VACATED, and REMANDED, with directions.

MINER, ALLEN and WEBSTER, JJ., concur.

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Bluebook (online)

682 So. 2d 228, 1996 Fla. App. LEXIS 12419, 1996 WL 640570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/albertie-v-state-fladistctapp-1996.