Nelson v. State

District Court of Appeal of Florida

Nelson v. State

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

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1991

DocketNo. 90-1440

StatusPublished

Cited by1 cases

This text of 575 So. 2d 754 (Nelson 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

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

Pincite

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.

Cite This Page — Counsel Stack

Bluebook (online)

575 So. 2d 754, 1991 Fla. App. LEXIS 1620, 1991 WL 26821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-state-fladistctapp-1991.

Opinion

Related

Cite This Page — Counsel Stack