JAMES OWEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of guilty plea withdrawal but remanded for resentencing because attempted armed robbery as a second-degree felony carries a maximum fifteen-year sentence, not thirty years.
A trial court errs when sentencing a defendant to three to thirty years for attempted armed robbery, a second-degree felony with a maximum fifteen-year sentence.
[1] Attempted armed robbery under Florida law is a second-degree felony punishable by a maximum of fifteen years' imprisonment, not thirty years.
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Join FLexlaw to unlock all legal intelligenceJames Owen was charged with four counts of robbery and one count of attempted armed robbery under Florida law; he pled guilty to all counts.…
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PER CURIAM.
Appellant, James Owen, was charged with four counts of robbery in violation of section 812.13, Florida Statutes (1981), and with one count of attempted armed robbery in violation of sections 812.13 and 777.04, Florida Statutes (1981). Appellant pled guilty as to all counts. Subsequently, appellant filed a motion requesting permission to withdraw this guilty plea. He further asserted that his sentence in case number 81-916 was illegal. The trial court denied appellant’s motion and set forth the reasons in its order. It is from this order that appellant now appeals.
A reading of the trial court’s order denying appellant’s motion clearly indicates that the trial court properly denied appellant’s request to withdraw his guilty plea. Thus, we affirm that portion of the trial court’s order denying appellant’s motion to withdraw his guilty plea. Next, appellant contends that the trial court illegally sentenced him to a term of three to thirty years for attempted armed robbery in violation of sections 812.13 and 777.04. On appeal, the state concedes that appellant was illegally sentenced to a term of three to thirty years.
We agree that the trial court erred in sentencing appellant to a term of three to thirty years for attempted armed robbery as said charge is a felony in the second degree and punishable by a maximum of fifteen years’ imprisonment.
Therefore, we remand case number 81-916 for correction of sentence.
OTT, C.J., and BOARDMAN and CAMPBELL, JJ., concur.
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Gilbert v. State, 484 So. 2d 651 (Fla. 3d DCA 1986)…ee felony, see § 790.07(2), Fla.Stat. (1983), where the maximum penalty authorized is fifteen years, see § 775.082(3)(c), Fla.Stat. (1983). We agree that this sentence is improper and, therefore, remand for correction of sentence. See Owen v. State, 426 So. 2d 1257 (Fla. 2d DCA 1983). We decline to consider the defendant’s other points on appeal since either they were not ruled upon by the trial court adversely to the defendant, see State v. Barber, 301 So. 2d 7 (Fla.1974) (an appellate court must confine itse…