Opinion
No. 94-537.
September 7, 1994.
An appeal from the Circuit Court of Dade County; Michael H. Salmon, Judge.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Richard L. Polin, Asst. Atty. Gen. and Jose M. Medina, Certified Legal Intern, for appellee.
Before HUBBART, BASKIN and GREEN, JJ.
Michael Wayne Daley appeals his convictions for conspiracy to traffic in cocaine while using a firearm and kidnapping while using a firearm.
We find no error in Daley's conviction for conspiracy to traffic in cocaine and accordingly affirm the same.
As to Daley's conviction for kidnapping, we find, as the State of Florida properly concedes, that the evidence abduced at trial supports only a conviction for attempted kidnapping while using a firearm. Duba v. State, 446 So.2d 1167 (Fla. 5th DCA 1984). We therefore reduce Daley's conviction on this count and remand to the trial court for resentencing.