Opinion
No. 4D00-3688.
May 22, 2002.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 00-4462 CF10A.
Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
We affirm Cadet's three adjudications of guilt for armed robbery with a firearm and one adjudication of guilt for attempted armed robbery with a firearm. We reverse and remand for resentencing on the attempted armed robbery with a firearm conviction however. Attempted armed robbery with a firearm is a second degree felony. Bass v. State, 698 So.2d 885 (Fla. 4th DCA 1997). The maximum sentence for a habitual violent felony offender who has committed a second degree felony is thirty years. § 775.084, Fla. Stat. (1999). Therefore, it was error to sentence Cadet to life in prison for attempted armed robbery with a firearm.
GUNTHER and STONE, JJ., concur.