Opinion
No. 87-1333.
February 3, 1989.
Appeal from the Circuit Court for Manatee County; Robert J. Boylston, Judge.
James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.
Appellant raises two points in this appeal. We find no merit in the first point.
As to the second point, the judgment indicates that appellant was found guilty of a first degree felony punishable by life. Appellant was charged with, convicted of, and sentenced for armed robbery with a weapon which is a simple felony of the first degree. The robbery charge did not allege a deadly weapon which would make this a first degree felony punishable by life. Therefore, we remand for correction of the judgment. Otherwise, affirmed.
SCHEB, A.C.J., and LEHAN and HALL, JJ., concur.