Florida District Courts of Appeal, 1992

Parker v. State

Parker v. State
Florida District Courts of Appeal · Decided February 14, 1992 · Hall, Parker, Ryder
593 So. 2d 1186; 1992 Fla. App. LEXIS 1282; 1992 WL 25986 (Southern Reporter, Second Series)

Parker v. State

Opinion of the Court

PER CURIAM.

Appellant Leslie Parker was convicted of attempted first degree murder with a firearm and sentenced as a habitual offender. § 775.084, Fla.Stat. (1991). Because of the use of a firearm, this offense is deemed a life felony. § 775.087(l)(a), Fla.Stat. (1991). As such, it cannot be further enhanced by the statutory provisions for habitual offenders. Anthony v. State, 585 So.2d 1172 (Fla. 2d DCA 1991). Accordingly, we remand this case to the circuit court with instructions to correct the judgment and sentence to delete any reference to section 775.084. Appellant need not be present for this purpose.

Reversed.

RYDER, A.C.J., and HALL and ■ PARKER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.