Terry v. State

District Court of Appeal of Florida

Terry v. State

397 So. 2d 1040, 1981 Fla. App. LEXIS 19815

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 1981

DocketNo. 80-1013

StatusPublished

Cited by2 cases

This text of 397 So. 2d 1040 (Terry 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

Terry v. State, 397 So. 2d 1040, 1981 Fla. App. LEXIS 19815 (Fla. Ct. App. 1981).

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Opinion

COWART, Judge.

Appellant was found guilty of attempted armed robbery. Armed robbery is a felony [1041]*1041of the first degree. § 812.13(2)(a), Fla.Stat. (1979). An attempt to commit a felony of the first degree is a felony of the second degree. § 777.04(4)(b), Fla.Stat. (1979). The maximum sentence for a second degree felony is fifteen years. § 775.082(3)(c), Fla. Stat. (1979). Appellant’s thirty year sentence on Count I of an attempted armed robbery is hereby reduced to the fifteen year maximum provided by law. Appellant’s other judgments and sentences are supported by substantial competent evidence and are affirmed.

AFFIRMED in part; REVERSED in part.

COBB and UPCHURCH, JJ., concur.

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COWART, Judge.

Appellant was found guilty of attempted armed robbery. Armed robbery is a felony [1041]*1041of the first degree. § 812.13(2)(a), Fla.Stat. (1979). An attempt to commit a felony of the first degree is a felony of the second degree. § 777.04(4)(b), Fla.Stat. (1979). The maximum sentence for a second degree felony is fifteen years. § 775.082(3)(c), Fla. Stat. (1979). Appellant’s thirty year sentence on Count I of an attempted armed robbery is hereby reduced to the fifteen year maximum provided by law. Appellant’s other judgments and sentences are supported by substantial competent evidence and are affirmed.

AFFIRMED in part; REVERSED in part.

COBB and UPCHURCH, JJ., concur.

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Bluebook (online)

397 So. 2d 1040, 1981 Fla. App. LEXIS 19815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-state-fladistctapp-1981.

Opinion

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