Florida District Courts of Appeal, 1996

Bramlett v. State

Bramlett v. State
Florida District Courts of Appeal · Decided August 6, 1996 · Lawrence, Miner, Shivers
677 So. 2d 962; 1996 Fla. App. LEXIS 8323; 1996 WL 437518 (Southern Reporter, Second Series)

Bramlett v. State

Opinion of the Court

PER CURIAM.

Appellant’s conviction for attempted third degree felony murder is reversed, as attempted felony murder is a nonexistent crime. State v. Gray, 654 So.2d 552 (Fla. 1995); State v. Grinage, 656 So.2d 457 (Fla. 1995).

Since the appellant was also convicted of aggravated battery, a lesser included offense, from the same criminal episode, we remand for recomputation of appellant’s scoresheet and resentencing on the remaining convictions.

REVERSED in part and REMANDED for further proceedings.

MINER and LAWRENCE, JJ., and SHIVERS, Senior Judge, concur.

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