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Florida District Courts of Appeal, 1989

Herrera v. State

Herrera v. State
Florida District Courts of Appeal · Decided August 1, 1989 · Hubbart, Levy, Nesbitt
546 So. 2d 1170; 14 Fla. L. Weekly 1815; 1989 Fla. App. LEXIS 4338; 1989 WL 85288 (Southern Reporter, Second Series)

Herrera v. State

Opinion of the Court

PER CURIAM.

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 erro*1171neous 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.

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