ROLAND TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROLAND TERRY, APPELLANT,
STATE OF FLORIDA, APPELLEE
397 So. 2d 1040
Florida District Court of Appeal, Fifth District (1981)
Positive Treatment
Cited by 4 cases
Opinion of the Court
COWART, Judge.
Appellant was found guilty of attempted armed robbery. Armed robbery is a felony of 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Terry v. State, 418 So. 2d 1055 (Fla. 5th DCA 1982)…es insufficiency of the evidence to convict for attempted armed robbery and kidnapping. Both of these allegations were raised on direct appeal wherein it was found that the conviction was supported by substantial, competent evidence. Terry v. State, 397 So. 2d 1040 (Fla. 5th DCA 1981). As to the allegation of ineffective counsel, appellant has failed to make a prima facie case showing that his counsel failed to render reasonably effective assistance of counsel to his prejudice as required by Meeks v. State, 3…
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Terry v. State, 404 So. 2d 1154 (Fla. 5th DCA 1981)…sible, not harmless error. Until a petitioner meets his initial burden, there is nothing for the State to rebut, nor can we grant relief. The petition for habeas corpus is DENIED. FRANK D. UPCHURCH, Jr. and COW-ART, JJ., concur. . Terry v. State, 397 So. 2d 1040 (Fla.5th DCA 1981).…