HAROLD NELSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
HAROLD NELSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
575 So. 2d 754
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We affirm the judgment of conviction of attempted armed robbery with a firearm, §§ 812.13(2); 777.04(4)(a), Fla.Stat. (1989), finding the claims raised are without merit.
However, we vacate the defendant’s sentence since his conviction was impermissi-bly enhanced to a first-degree felony. See Williams v. State, 537 So. 2d 195 (Fla.2d DCA 1989); Lee v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981); § 775.087, Fla.Stat. (1989). Upon remand, defendant’s offense shall be scored as a second-degree felony for purposes of resentencing.
Conviction affirmed; sentence vacated, and cause remanded for resentencing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. State, 590 So. 2d 562 (Fla. 3d DCA 1991)…PER CURIAM. Affirmed. Nelson v. State, 575 So. 2d 754 (Fla. 3d DCA 1991).…
Authorities Cited
- LEE v. State, 400 So. 2d 1238 (Fla. 1st DCA 1981)
- Williams v. State, 537 So. 2d 195 (Fla. 2d DCA 1989)