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Wiley v. State

District Court of Appeal of Florida, First District
Jun 10, 1994
636 So. 2d 547 (Fla. Dist. Ct. App. 1994)

Opinion

No. 92-2604.

May 3, 1994. Rehearing Denied June 10, 1994.

An appeal from the circuit court for Duval County; R. Hudson Olliff, Judge.

Nancy A. Daniels, Public Defender, and Lynn A. Williams, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen. of Dept. of Legal Affairs, Tallahassee, for appellee.


The jury found Robert Earl Wiley guilty of attempted third-degree murder of a law enforcement officer for events on March 18, 1992. The trial judge sentenced Wiley as an habitual offender to thirty years in prison, with a twenty-five year minimum mandatory term. Attempted murder of a law enforcement officer is a life felony. § 784.07(3), Fla. Stat. (1991). We reverse and remand for resentencing because, as the State concedes, a life felony may not be enhanced. State v. Knickerbocker, 616 So.2d 33 (Fla. 1993). We affirm in all other respects.

It is so ordered.

SMITH, BARFIELD and LAWRENCE, JJ., concur.


Summaries of

Wiley v. State

District Court of Appeal of Florida, First District
Jun 10, 1994
636 So. 2d 547 (Fla. Dist. Ct. App. 1994)
Case details for

Wiley v. State

Case Details

Full title:ROBERT EARL WILEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 10, 1994

Citations

636 So. 2d 547 (Fla. Dist. Ct. App. 1994)

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