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McKinney v. State

District Court of Appeal of Florida, Second District
Jul 24, 1991
585 So. 2d 318 (Fla. Dist. Ct. App. 1991)

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. State

Opinion

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.


Summaries of

McKinney v. State

District Court of Appeal of Florida, Second District
Jul 24, 1991
585 So. 2d 318 (Fla. Dist. Ct. App. 1991)

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. State
Case details for

McKinney v. State

Case Details

Full title:MICHAEL McKINNEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 24, 1991

Citations

585 So. 2d 318 (Fla. Dist. Ct. App. 1991)

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