WILLIE JAMES HUNTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This cause is before us on appeal from a judgment adjudicating appellant guilty of armed robbery and attempted murder, and sentencing him to 50 years for the robbery and 100 years for the attempted murder, to run consecutively, with the trial court retaining jurisdiction over the sentence for a period of 50 years. We affirm appellant’s sentence of 100 years for attempted first degree murder. Strickland v. State, 415 So. 2d 808 (Fla. 1st DCA 1982). We also affirm appellant’s consecutive sentence of 150 years and the retention of jurisdiction over the sentence for 50 years. Harmon v. State, 416 So. 2d 835 (Fla. 1st DCA 1982). The cause must be remanded to the trial court, however, for correction of the judgment and sentence to specifically reflect that appellant was adjudicated guilty of attempted first degree murder while in the possession of a firearm, pursuant to Section 775.087(1)(a), Florida Statutes. Williams v. State, 407 So. 2d 223 (Fla. 1st DCA 1981). In all other respects, the judgment of conviction below stands affirmed.
BOOTH, LARRY G. SMITH and ZEH-MER, JJ., concur.
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Amlotte v. State, 456 So. 2d 448 (Fla. 1984)…PER CURIAM. This is a petition to review a decision of the Fifth District Court of Appeal [*449] reported as Amlotte v. State, 435 So. 2d 249 (Fla. 5th DCA 1983), in which the district court held that “attempted” felony murder is a crime in Florida. The district court certified the following questions to be of great public importance: a) DOES THERE EXIST UNDER FLORIDA LAW A CRIMINAL OFFE…1 / 2
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Price v. State, 598 So. 2d 215 (Fla. 5th DCA 1992)…trial court noted that the appellant received jail-time credit on the Volusia County sentence and held that Green v. State, 450 So. 2d 1275 (Fla. 5th DCA 1984) controlled the situation. In Green, the court relied on and quoted from Amlotte v. State, 435 So. 2d 249 (Fla. 5th DCA 1983), approved, 456 So. 2d 448 (Fla.1984), where the court held that concurrent sentences for identical terms do not compel presen-tence jail-time credit on each sentence. However, the Florida Supreme Court disapproved Green in Daniel…
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Overfelt v. State, 434 So. 2d 945 (Fla. 4th DCA 1983)…[*949] ON REHEARING After issuing the foregoing opinion, the court heard further oral argument on the State’s motion for rehearing. On May 12, 1983, the Fifth District Court of Appeal issued an en banc opinion in Amlotte v. State, 435 So. 2d 249 (Fla. 5th DCA 1983).3 The opinion addresses the issue of the existence of the crime of “attempted felony murder” and concludes that this crime does exist in Florida. The contrary view is expressed in Judge Cowart’s dissent. We agree with the dissent…
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- Williams v. State, 407 So. 2d 223 (Fla. 2d DCA 1981)
- Harmon v. State, 416 So. 2d 835 (Fla. 1st DCA 1982)
- Stasse v. State, 415 So. 2d 808 (Fla. 1st DCA 1982)