ALFREDO HERRERA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-08-01
No. 88-2389
Before HUBBART, NESBITT and LEVY, JJ.
546 So. 2d 1170 Florida District Court of Appeal, Third District (1989)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant’s conviction for armed robbery is affirmed on the authority of Montes v. State, 516 So. 2d 1047 (Fla. 3d DCA 1987).

Nonetheless, the defendant’s sentence must be reversed and the case remanded for proper sentencing because it was erro neous to factor in the additional offense of possession of a firearm by a convicted felon which had been nolle prossed by the state.

Affirmed in part, reversed in part, and remanded.


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