Perry v. State

District Court of Appeal of Florida

Perry v. State

425 So. 2d 1195, 1983 Fla. App. LEXIS 27758

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1983

DocketNo. AP-35

StatusPublished

Cited by2 cases

This text of 425 So. 2d 1195 (Perry 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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Perry v. State, 425 So. 2d 1195, 1983 Fla. App. LEXIS 27758 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

In his motion for post-conviction relief, appellant correctly alleges that he was improperly sentenced to 20 years for his conviction of attempted armed robbery. Under Florida Statutes, Sections 812.13(2)(a) and 777.04(4)(b) (1981), attempted robbery with a firearm is a second degree felony for which the maximum penalty is fifteen years in prison. Section 775.082(3)(c), Florida Statutes (1981). Section 775.087(l)(b), Florida Statutes (1981), does not apply when the use of a firearm is an essential element of the offense. Lee v. State, 400 So.2d 1238 (Fla. 1st DCA 1981). The other contentions raised by appellant in his motion are without merit and do not warrant discussion.

Accordingly, the order denying appellant's motion for post-conviction relief is REVERSED and the cause remanded for proceedings consistent with this opinion.

ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.

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PER CURIAM.

In his motion for post-conviction relief, appellant correctly alleges that he was improperly sentenced to 20 years for his conviction of attempted armed robbery. Under Florida Statutes, Sections 812.13(2)(a) and 777.04(4)(b) (1981), attempted robbery with a firearm is a second degree felony for which the maximum penalty is fifteen years in prison. Section 775.082(3)(c), Florida Statutes (1981). Section 775.087(l)(b), Florida Statutes (1981), does not apply when the use of a firearm is an essential element of the offense. Lee v. State, 400 So.2d 1238 (Fla. 1st DCA 1981). The other contentions raised by appellant in his motion are without merit and do not warrant discussion.

Accordingly, the order denying appellant's motion for post-conviction relief is REVERSED and the cause remanded for proceedings consistent with this opinion.

ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.

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425 So. 2d 1195, 1983 Fla. App. LEXIS 27758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-state-fladistctapp-1983.

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