Allen v. State

District Court of Appeal of Florida

Allen v. State

574 So. 2d 1219, 1991 Fla. App. LEXIS 1487, 1991 WL 22550

CourtDistrict Court of Appeal of Florida

DecidedFebruary 26, 1991

DocketNo. 90-887

StatusPublished

Cited by2 cases

This text of 574 So. 2d 1219 (Allen 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.

Bluebook

Allen v. State, 574 So. 2d 1219, 1991 Fla. App. LEXIS 1487, 1991 WL 22550 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Vincent Tracy Allen, the defendant, was convicted of first-degree murder, attempted robbery with a firearm, and unlawful possession of a firearm. We find no merit in the defendant’s arguments on appeal that he was prevented from receiving a fair trial.

However, upon consideration of the state’s confession of error, and after a careful review of the record, we find that the trial court erred in sentencing the defendant to life imprisonment on the attempted robbery count. Attempted robbery with a firearm is a second degree felony for which the maximum sentence is fifteen years imprisonment. See Perry v. State, 425 So.2d 1195 (Fla. 1st DCA 1983); [1220]*1220Lee v. State, 400 So.2d 1238 (Fla. 1st DCA 1981), appeal after remand, 487 So.2d 1202 (Fla. 1st DCA 1986); § 775.082(3)(c), Fla.Stat. (1989); § 777.04(4)(b), Fla.Stat. (1989); § 812.13(2)(a), Fla.Stat. (1989). We therefore vacate the sentence as to the attempted robbery with a firearm count and remand for resentencing. In all other respects, the trial court is affirmed.

Affirmed; sentence vacated and case remanded.

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PER CURIAM.

Vincent Tracy Allen, the defendant, was convicted of first-degree murder, attempted robbery with a firearm, and unlawful possession of a firearm. We find no merit in the defendant’s arguments on appeal that he was prevented from receiving a fair trial.

However, upon consideration of the state’s confession of error, and after a careful review of the record, we find that the trial court erred in sentencing the defendant to life imprisonment on the attempted robbery count. Attempted robbery with a firearm is a second degree felony for which the maximum sentence is fifteen years imprisonment. See Perry v. State, 425 So.2d 1195 (Fla. 1st DCA 1983); [1220]*1220Lee v. State, 400 So.2d 1238 (Fla. 1st DCA 1981), appeal after remand, 487 So.2d 1202 (Fla. 1st DCA 1986); § 775.082(3)(c), Fla.Stat. (1989); § 777.04(4)(b), Fla.Stat. (1989); § 812.13(2)(a), Fla.Stat. (1989). We therefore vacate the sentence as to the attempted robbery with a firearm count and remand for resentencing. In all other respects, the trial court is affirmed.

Affirmed; sentence vacated and case remanded.

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Bluebook (online)

574 So. 2d 1219, 1991 Fla. App. LEXIS 1487, 1991 WL 22550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-state-fladistctapp-1991.

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