Alvarez v. State, 445 So. 2d 677

PER CURIAM.

We affirm appellant’s conviction and sentence for attempted first degree murder but reverse his conviction for possession of a firearm while engaged in a felony offense. See Bell v. State, 437 So.2d 1057 (Fla.1983). We reject appellant’s claim that his sentence was improperly enhanced. See Whitehead v. State, 446 So.2d 194 (Fla. 4th DCA 1984). We reject appellant’s claim of error as to the trial court’s retention of jurisdiction because we do not believe the error to be fundamental and the appellant failed to raise this issue in the trial court.

ANSTEAD, C.J., and DOWNEY and HERSEY, JJ., concur.

Case Details

Case Name: Alvarez v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 22, 1984

Citations: 445 So. 2d 677; 1984 Fla. App. LEXIS 11852; No. 83-681

Docket Number: No. 83-681

Court Abbreviation: Fla. Dist. Ct. App.