Passmore v. State

District Court of Appeal of Florida

Passmore v. State

711 So. 2d 1387, 1998 Fla. App. LEXIS 7968, 1998 WL 347436

CourtDistrict Court of Appeal of Florida

DecidedJuly 1, 1998

DocketNo. 96-3302

StatusPublished

This text of 711 So. 2d 1387 (Passmore 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

Passmore v. State, 711 So. 2d 1387, 1998 Fla. App. LEXIS 7968, 1998 WL 347436 (Fla. Ct. App. 1998).

Pincite

Opinion

PER CURIAM.

The record reflects that the trial court erred in its sentencing of the defendant in connection with counts 2 and 5 of the Information. The trial court classified count 5, Attempted Armed Robbery With a Firearm, as a first degree felony, when it is actually a second degree felony. Similarly, count 2, Aggravated Battery With a Firearm, was improperly classified as a first degree felony, instead of second degree felony.

Accordingly, the sentences imposed in connection with counts 2 and 5 are reversed and this case must be remanded to the trial court for the imposition of a sentence consistent herewith. In all other respects, the convictions and sentences imposed by the court are affirmed.

Affirmed in part, reversed in part, and remanded with directions.

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PER CURIAM.

The record reflects that the trial court erred in its sentencing of the defendant in connection with counts 2 and 5 of the Information. The trial court classified count 5, Attempted Armed Robbery With a Firearm, as a first degree felony, when it is actually a second degree felony. Similarly, count 2, Aggravated Battery With a Firearm, was improperly classified as a first degree felony, instead of second degree felony.

Accordingly, the sentences imposed in connection with counts 2 and 5 are reversed and this case must be remanded to the trial court for the imposition of a sentence consistent herewith. In all other respects, the convictions and sentences imposed by the court are affirmed.

Affirmed in part, reversed in part, and remanded with directions.

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Bluebook (online)

711 So. 2d 1387, 1998 Fla. App. LEXIS 7968, 1998 WL 347436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/passmore-v-state-fladistctapp-1998.