DARREN JEROME PASSMORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1998-07-01
No. 96-3302
Before SCHWARTZ, C.J., and LEVY and SORONDO, JJ.
711 So. 2d 1387 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

The record reflects that the trial court erred in its sentencing of the defendant in connection with counts 2 and 5 of the Information. The trial court classified count 5, Attempted Armed Robbery With a Firearm, as a first degree felony, when it is actually a second degree felony. Similarly, count 2, Aggravated Battery With a Firearm, was improperly classified as a first degree felony, instead of second degree felony.

Accordingly, the sentences imposed in connection with counts 2 and 5 are reversed and this case must be remanded to the trial court for the imposition of a sentence consistent herewith. In all other respects, the convictions and sentences imposed by the court are affirmed.

Affirmed in part, reversed in part, and remanded with directions.

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    …to present testimony from a qualified witness, we reverse Wingfield’s conviction for felony criminal mischief, and remand with directions to enter a corrected judgment and sentence for second-degree misdemeanor criminal mischief. See R.D. v. State, 711 So. 2d 1387, 1387 (Fla. 1st DCA 1998); Miller v. State, 667 So. 2d 325, 329-330 (Fla. 1st DCA 1995). Affirmed in part, reversed in part, and remanded with directions. We certify conflict with Williamson. CAMPBELL, A.C.J., and THREADGILL, J., Concur.…

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