Opinion
No. 90-887.
February 26, 1991.
An Appeal from the Circuit Court of Dade County; Harold Solomon, Judge.
Bennett H. Brummer, Public Defender and Lane S. Abraham, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Joan L. Greenberg, Asst. Atty. Gen., for appellee.
Before FERGUSON, COPE and LEVY, JJ.
Vincent Tracy Allen, the defendant, was convicted of first-degree murder, attempted robbery with a firearm, and unlawful possession of a firearm. We find no merit in the defendant's arguments on appeal that he was prevented from receiving a fair trial.
However, upon consideration of the state's confession of error, and after a careful review of the record, we find that the trial court erred in sentencing the defendant to life imprisonment on the attempted robbery count. Attempted robbery with a firearm is a second degree felony for which the maximum sentence is fifteen years imprisonment. See Perry v. State, 425 So.2d 1195 (Fla. 1st DCA 1983); Lee v. State, 400 So.2d 1238 (Fla. 1st DCA 1981), appeal after remand, 487 So.2d 1202 (Fla. 1st DCA 1986); § 775.082(3)(c), Fla. Stat. (1989); § 777.04(4)(b), Fla. Stat. (1989); § 812.13(2)(a), Fla. Stat. (1989). We therefore vacate the sentence as to the attempted robbery with a firearm count and remand for resentencing. In all other respects, the trial court is affirmed.
Affirmed; sentence vacated and case remanded.