JEAN MARIE DION, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the trial court erroneously sentenced the defendant to life imprisonment on two counts of attempted second-degree murder with a firearm, and that such sentences must be reduced.
The defendant was convicted of multiple crimes, including attempted second-degree murder with a firearm, after firing on officers. The trial court imp…
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PER CURIAM.
We find no merit in the appellant’s claims of error in her convictions for multiple crimes committed when she fired on numerous officers who were attempting to take her into custody for bank robbery. Tibbs v. State, 397 So. 2d 1120 (Fla.1981); Adkins v. State, 330 So. 2d 809 (Fla. 1st DCA 1976); Yesbick v. State, 408 So. 2d 1083 (Fla. 4th DCA, 1982).
The trial court, however, erroneously sentenced the defendant to life imprisonment on each of two counts as to which she was found guilty of attempted second degree murder with a firearm. Under Secs. 777.-04(4)(b) and 782.04(2), Fla.Stat. (1979), attempted second degree murder is a second degree felony, which, because a firearm was involved, is enhanced by Sec. 775.087(l)(b) to a first degree felony. The maximum sentence for such a crime is 30 years. Sec. 775.082(3). Accordingly, the sentence on counts IV and VII shall, upon remand, each be reduced to 30 years imprisonment.1
With that exception, the judgment and sentences under review are affirmed.
Affirmed as modified.
. The defendant need not be present for the amendment. See Taylor v. State, 386 So. 2d 825 (Fla. 3d DCA 1980).
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Ucal Howe v. State, 596 So. 2d 1227 (Fla. 2d DCA 1992)…mmission of the attempted offense reclassifies the offense to a felony of the first degree. See § 775.-087(1)(b), Fla.Stat. (1989). The maximum sentence for this crime is thirty years’ imprisonment. § 775.082(3), Fla.Stat. (1989). See Dion v. State, 409 So. 2d 1216 (Fla. 3d DCA 1982). See also Miller v. State, 460 So. 2d 373 (Fla.1984). The sentence consisting of incarceration and probation cannot exceed the maximum period of incarceration provided by law. Smith v. State, 584 So. 2d 154 (Fla. 2d DCA 1991). T…
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Alfreda Howard v. State, 473 So. 2d 10 (Fla. 3d DCA 1985)…So. 2d 855 (Fla.1969); Smith v. State, 422 So. 2d 1065 (Fla. 1st DCA 1982); State v. Williams, 358 So. 2d 1094 (Fla. 1st DCA 1978). As to the enhancement to a first degree felony see Miller v. State, 438 So. 2d 83 (Fla. 4th DCA 1983); Dion v. State, 409 So. 2d 1216 (Fla. 3d DCA 1982); Section 775.087(1), Florida Statutes (1983). As to the additional enhancement of the 3 year minimum mandatory see State v. Whitehead, 472 So. 2d 730 (Fla.1985); Carter v. State, 464 So. 2d 172 (Fla. 2d DCA 1985); Brown v. State,…
Authorities Cited
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Taylor v. State, 386 So. 2d 825 (Fla. 3d DCA 1980)
- Yesbick v. State, 408 So. 2d 1083 (Fla. 4th DCA 1982)
- Adkins v. State, 330 So. 2d 809 (Fla. 1st DCA 1976)