Parker v. State

District Court of Appeal of Florida

Parker v. State

593 So. 2d 1186, 1992 Fla. App. LEXIS 1282, 1992 WL 25986

CourtDistrict Court of Appeal of Florida

DecidedFebruary 14, 1992

DocketNo. 91-00851

StatusPublished

Cited by1 cases

This text of 593 So. 2d 1186 (Parker 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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Parker v. State, 593 So. 2d 1186, 1992 Fla. App. LEXIS 1282, 1992 WL 25986 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appellant Leslie Parker was convicted of attempted first degree murder with a firearm and sentenced as a habitual offender. § 775.084, Fla.Stat. (1991). Because of the use of a firearm, this offense is deemed a life felony. § 775.087(l)(a), Fla.Stat. (1991). As such, it cannot be further enhanced by the statutory provisions for habitual offenders. Anthony v. State, 585 So.2d 1172 (Fla. 2d DCA 1991). Accordingly, we remand this case to the circuit court with instructions to correct the judgment and sentence to delete any reference to section 775.084. Appellant need not be present for this purpose.

Reversed.

RYDER, A.C.J., and HALL and ■ PARKER, JJ., concur.

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PER CURIAM.

Appellant Leslie Parker was convicted of attempted first degree murder with a firearm and sentenced as a habitual offender. § 775.084, Fla.Stat. (1991). Because of the use of a firearm, this offense is deemed a life felony. § 775.087(l)(a), Fla.Stat. (1991). As such, it cannot be further enhanced by the statutory provisions for habitual offenders. Anthony v. State, 585 So.2d 1172 (Fla. 2d DCA 1991). Accordingly, we remand this case to the circuit court with instructions to correct the judgment and sentence to delete any reference to section 775.084. Appellant need not be present for this purpose.

Reversed.

RYDER, A.C.J., and HALL and ■ PARKER, JJ., concur.

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593 So. 2d 1186, 1992 Fla. App. LEXIS 1282, 1992 WL 25986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-state-fladistctapp-1992.

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