RODNEY HAROLD PERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1983-01-27
No. AP-35
ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.
425 So. 2d 1195 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 4 cases
Topics
Maximum Penalty Second Degree Felony Motion For Postconviction Relief Sentencing Guidelines

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Opinion of the Court
PER CURIAM.

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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Chestley Higgins v. State, 890 So. 2d 519 (Fla. 4th DCA 2005)
    …elow, it could not be enhanced to a first degree felony for use of a firearm because in an attempted armed robbery, the use of a firearm is an essential element of the offense. See State v. Tripp, 642 So. 2d 728, 730 n. 2 (Fla.1994); Perry v. State, 425 So. 2d 1195 (Fla. 1st DCA 1983). Nor is his motion untimely merely because it was filed more than two years after issuance of the Heggs opinion. Scoresheet calculation [*520] errors may be corrected pursuant to rule 3.800(a) “at any time.” The state now takes…
  • Allen v. State, 574 So. 2d 1219 (Fla. 3d DCA 1991)
    …that the trial court erred in sentencing the defendant to life imprisonment on the attempted robbery count. Attempted robbery with a firearm is a second degree felony for which the maximum sentence is fifteen years imprisonment. See Perry v. State, 425 So. 2d 1195 (Fla. 1st DCA 1983); [*1220] Lee v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981), appeal after remand, 487 So. 2d 1202 (Fla. 1st DCA 1986); § 775.082(3)(c), Fla.Stat. (1989); § 777.04(4)(b), Fla.Stat. (1989); § 812.13(2)(a), Fla.Stat. (1989). We there…

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