VINCENT TRACY ALLEN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Vincent Tracy Allen, the defendant, was convicted of first-degree murder, attempted robbery with a firearm, and unlawful possession of a firearm. We find no merit in the defendant’s arguments on appeal that he was prevented from receiving a fair trial.
However, upon consideration of the state’s confession of error, and after a careful review of the record, we find 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); 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 therefore vacate the sentence as to the attempted robbery with a firearm count and remand for resentencing. In all other respects, the trial court is affirmed.
Affirmed; sentence vacated and case remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 691 So. 2d 1180 (Fla. 3d DCA 1997)…the defendant to a term of incarceration in excess of 15 years for the charge of attempted robbery with a firearm, a second degree felony. Palmer v. State, 438 So. 2d 1 (Fla.1983); Dacosta v. State, 672 So. 2d 861 (Fla. 3d DCA 1996); Allen v. State, 574 So. 2d 1219 (Fla. 3d DCA 1991). We affirm the convictions herein, reverse the defendant’s sentence and remand for re-sentencing. . Although surnames can sométimes indicate a heritage that qualifies, as a distinct racial or ethnic group, they are not determina…
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Cullen v. State, 687 So. 2d 44 (Fla. 3d DCA 1997)…oncedes that the trial court erred in sentencing Cullen to twenty-five years imprisonment for attempted armed robbery with a firearm. That offense is a second degree felony which is punishable by a maximum of fifteen years in prison. Allen v. State, 574 So. 2d 1219 (Fla. 3d DCA 1991). Thus, we vacate the sentence as to that count and remand for resentencing. Affirmed; sentence vacated and case remanded. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).…
Authorities Cited
- LEE v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981)
- Perry v. State, 425 So. 2d 1195 (Fla. 1st DCA 1983)
- LEE v. State, 487 So. 2d 1202 (Fla. 1st DCA 1986)