Allen v. State, No. 90-887

No. 90-887 | Fla. Dist. Ct. App. | Feb 26, 1991

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" court="Fla. Dist. Ct. App." date_filed="1983-01-27" href="https://app.midpage.ai/document/perry-v-state-7523265?utm_source=webapp" opinion_id="7523265">425 So.2d 1195 (Fla. 1st DCA 1983); Lee v. State, 400 So. 2d 1238" court="Fla. Dist. Ct. App." date_filed="1981-06-01" href="https://app.midpage.ai/document/lee-v-state-1674814?utm_source=webapp" opinion_id="1674814">400 So.2d 1238 (Fla. 1st DCA 1981), appeal after remand, 487 So. 2d 1202" court="Fla. Dist. Ct. App." date_filed="1986-05-01" href="https://app.midpage.ai/document/lee-v-state-7549218?utm_source=webapp" opinion_id="7549218">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.