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Passmore v. State
711 So. 2d 1387
Fla. Dist. Ct. App.
1998
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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.

Case Details

Case Name: Passmore v. State
Court Name: District Court of Appeal of Florida
Date Published: Jul 1, 1998
Citation: 711 So. 2d 1387
Docket Number: No. 96-3302
Court Abbreviation: Fla. Dist. Ct. App.
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