Nelson v. State

District Court of Appeal of Florida

Nelson v. State

575 So. 2d 754, 1991 Fla. App. LEXIS 1620, 1991 WL 26821

District Court of Appeal of Florida·Decided March 5, 1991·No. No. 90-1440·Published·Cited by 1 cases

Opinion

PER CURIAM.

We affirm the judgment of conviction of attempted armed robbery with a firearm, §§ 812.13(2); 777.04(4)(a), Fla.Stat. (1989), finding the claims raised are without merit.

However, we vacate the defendant’s sentence since his conviction was impermissi-bly enhanced to a first-degree felony. See Williams v. State, 537 So.2d 195 (Fla.2d DCA 1989); Lee v. State, 400 So.2d 1238 (Fla. 1st DCA 1981); § 775.087, Fla.Stat. (1989). Upon remand, defendant’s offense shall be scored as a second-degree felony for purposes of resentencing.

Conviction affirmed; sentence vacated, and cause remanded for resentencing.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm the judgment of conviction of attempted armed robbery with a firearm, §§ 812.13(2); 777.04(4)(a), Fla.Stat. (1989), finding the claims raised are without merit.

However, we vacate the defendant’s sentence since his conviction was impermissi-bly enhanced to a first-degree felony. See Williams v. State, 537 So.2d 195 (Fla.2d DCA 1989); Lee v. State, 400 So.2d 1238 (Fla. 1st DCA 1981); § 775.087, Fla.Stat. (1989). Upon remand, defendant’s offense shall be scored as a second-degree felony for purposes of resentencing.

Conviction affirmed; sentence vacated, and cause remanded for resentencing.

Nelson v. State, 575 So. 2d 754, 1991 Fla. App. LEXIS 1620, 1991 WL 26821 (Fla. Ct. App. 1991).

Pincite

575 So. 2d 754 (Nelson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related