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Florida District Courts of Appeal, 1989

Harris v. State

Harris v. State
Florida District Courts of Appeal · Decided February 8, 1989 · Dell, Gunther, Letts
537 So. 2d 719; 14 Fla. L. Weekly 381; 1989 Fla. App. LEXIS 526; 1989 WL 9148 (Southern Reporter, Second Series)

Harris v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction for attempted armed robbery, but reverse his aggravated assault conviction on the basis of Brown v. State, 529 So.2d 1247 (Fla. 4th DCA 1988), and Carawan v. State, 515 So.2d 161 (Fla. 1987). Accordingly, we reverse and remand to vacate appellant’s conviction and sentence for aggravated assault and to resentence on the attempted armed robbery conviction consistent with this opinion.

*720AFFIRMED IN PART; REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.

LETTS, DELL and GUNTHER, JJ., concur.

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