Franco v. State

Full title: VICTOR FRANCO, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 13, 2001

786 So. 2d 670 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 4D00-3957.

Opinion filed June 13, 2001.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes, Judge; L.T. Case No. 97-006436 CF10.

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

In response to the state's concession, we reverse appellant's sentences and remand for resentencing where the conviction of attempted second degree murder shall be classified as a level 8 offense. See Williams v. State, 26 Fla. L. Weekly D1114 (Fla. 4th DCA Apr. 25, 2001).

WARNER, C.J., POLEN and GROSS, JJ., concur.