JAMES GRIFFEN, A/K/A JAMES GRIFFIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES GRIFFEN, A/K/A JAMES GRIFFIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
384 So. 2d 324
Florida District Court of Appeal, Second District (1980)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant was charged with attempted first degree murder with a firearm and was convicted as charged. The court properly imposed a life sentence. §§ 777.04(4)(a) and 775.087(l)(a), Fla.Stat. However, the judgment and sentence does not indicate that a firearm was used. The judgment is affirmed, but the case is remanded for correction of the judgment and sentence to reflect the specific crime for which appellant was convicted. Williams v. State, 360 So. 2d 61 (Fla. 2d DCA 1978).
GRIMES, C. J., and HOBSON and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Leiser v. State, 398 So. 2d 889 (Fla. 1st DCA 1981)…ant to Fla. R.Crim.P. 3.850 is affirmed. However, the case is remanded for correction of the judgment and sentence to reflect the specific crime for which appellant was convicted. Williams v. State, 360 So. 2d 61 (Fla.2d DCA 1978); Griffen v. State, 384 So. 2d 324 (Fla.2d DCA 1980). Appellant need not be present for this purpose. McCORD, ROBERT P. SMITH, Jr. and ERVIN, JJ., concur.…
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Williams v. State, 407 So. 2d 223 (Fla. 2d DCA 1981)…he offenses while in possession of a firearm, though that is the obvious intent of the court as evidenced by its imposition of the life sentences. This court has previously recognized that the judgment and sentence must so reflect. Griffen v. State, 384 So. 2d 324 (Fla.2d DCA 1980). Accordingly, the judgment is affirmed but the case is remanded for correction of the judgment and sentences to reflect that the crimes of which appellant was convicted were committed while in possession of a firearm, and for com…
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Cadayid v. State, 416 So. 2d 1156 (Fla. 3d DCA 1982)…or possession of a handgun is inappropriate under Hegstrom v. State, 388 So. 2d 1308 (Fla. 3d DCA 1980), but that the adjudication and the enhanced penalties, because of the possession of a firearm, were appropriate as to count II, Griffen v. State, 384 So. 2d 324 (Fla. 2d DCA 1980); Williams v. State, 360 So. 2d 61 (Fla. 2d DCA 1978), but, as to Count III, inappropriate. Fowler v. State, 375 So. 2d 879 (Fla. 2d DCA 1979); Crook v. State, 385 So. 2d 1136 (Fla. 1st DCA 1980). Therefore, for the reasons above…
Authorities Cited
- Mark T. Innerst et ux. v. Dade Cnty., 360 So. 2d 61 (Fla. 3d DCA 1978)