Summary
reversing sentence for attempted first-degree murder, because conviction had been reclassified as a life felony under section 775.087, thus trial court could not also sentence defendant as a habitual violent felony offender
Summary of this case from Majors v. StateOpinion
No. 89-02666.
July 24, 1991.
Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.
Julianne M. Holt, Tampa, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine B. Johnson, Asst. Atty. Gen., Miami, for appellee.
We affirm appellant's sentence for attempted robbery with a firearm. We reverse his sentence for attempted first-degree murder with a firearm, and remand for resentencing. Because this conviction was reclassified to a life felony pursuant to section 775.087, Florida Statutes (1989), the trial court could not also sentence appellant as a habitual violent felony offender pursuant to section 775.084, Florida Statutes (1989). Walker v. State, 580 So.2d 281 (Fla. 4th DCA 1991); Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990). Appellant's remaining point is without merit. Newman v. State, 575 So.2d 724 (Fla. 2d DCA 1991).
Affirmed in part, reversed in part, and remanded for resentencing.
SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.