Herrera v. State

District Court of Appeal of Florida

Herrera v. State

546 So. 2d 1170, 14 Fla. L. Weekly 1815, 1989 Fla. App. LEXIS 4338, 1989 WL 85288

CourtDistrict Court of Appeal of Florida

DecidedAugust 1, 1989

DocketNo. 88-2389

StatusPublished

This text of 546 So. 2d 1170 (Herrera 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

Herrera v. State, 546 So. 2d 1170, 14 Fla. L. Weekly 1815, 1989 Fla. App. LEXIS 4338, 1989 WL 85288 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

The defendant’s conviction for armed robbery is affirmed on the authority of Montes v. State, 516 So.2d 1047 (Fla. 3d DCA 1987).

Nonetheless, the defendant’s sentence must be reversed and the case remanded for proper sentencing because it was erro[1171]*1171neous to factor in the additional offense of possession of a firearm by a convicted felon which had been nolle prossed by the state.

Affirmed in part, reversed in part, and remanded.

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PER CURIAM.

The defendant’s conviction for armed robbery is affirmed on the authority of Montes v. State, 516 So.2d 1047 (Fla. 3d DCA 1987).

Nonetheless, the defendant’s sentence must be reversed and the case remanded for proper sentencing because it was erro[1171]*1171neous to factor in the additional offense of possession of a firearm by a convicted felon which had been nolle prossed by the state.

Affirmed in part, reversed in part, and remanded.

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Bluebook (online)

546 So. 2d 1170, 14 Fla. L. Weekly 1815, 1989 Fla. App. LEXIS 4338, 1989 WL 85288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrera-v-state-fladistctapp-1989.

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