Opinion
No. 88-2389.
August 1, 1989.
Appeal from the Circuit Court for Dade County, Phillip W. Knight, J.
Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for appellee.
Before HUBBART, NESBITT and LEVY, JJ.
The defendant's conviction for armed robbery is affirmed on the authority of Montes v. State, 516 So.2d 1047 (Fla. 3d DCA 1987).
Nonetheless, the defendant's sentence must be reversed and the case remanded for proper sentencing because it was erroneous to factor in the additional offense of possession of a firearm by a convicted felon which had been nolle prossed by the state.
Affirmed in part, reversed in part, and remanded.