SHAWN C. AMOS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-04-22
No. 92-04634
HALL, Acting C.J., and ALTENBERND, J., concur.
635 So. 2d 154 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 2 cases
Opinion of the Court
BLUE, Judge.

BLUE, Judge.

Shawn C. Amos appeals the conviction and sentence he received for failure to appear. The record shows that, although Amos received a sentence for failure to appear, an information charging this offense was not filed. Additionally, Amos never entered a plea to the charge. Accordingly, we reverse the conviction and vacate the sentence imposed for failure to appear. HALL, Acting C.J., and ALTENBERND, J., concur.

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    …felony), then the attempt to commit that crime is a second-degree felony punishable as provided in section 775.082 (penalties), 775.083 (fines), or 775.084 (habitual offender sentencing). The state submits, applying'language used in Suarez v. State, 635 So. 2d 154 (Fla. 2d DCA 1994), that if Dillard had trafficked in the cocaine, he would have committed a first-degree felony, he could not have been habitualized, and he would have been sentenced under the guidelines. Yet, as the conviction is for the second-de…

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