Florida District Courts of Appeal, 1996

Parker v. State

Parker v. State
Florida District Courts of Appeal · Decided November 13, 1996 · Dell, Klein, Polen
683 So. 2d 1086; 1996 Fla. App. LEXIS 11964; 1996 WL 656373 (Southern Reporter, Second Series)

Parker v. State

Opinion of the Court

PER CURIAM.

Appellant seeks review of an order denying his motion seeking post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. Each of the errors he asserts is without merit except his contention that the twenty-two year sentence for attempted armed robbery exceeds the statutory maximum. Davis v. State, 661 So.2d 1193 (Fla. 1995). The trial court should enter a new judgment reflecting a term of fifteen years rather than twenty-two years because the charge is a second degree felony. See §§ 775.082(3)(c), 812.13(2)(a), 777.04(4)(b), Fla. Stat. (1989).

DELL, POLEN and KLEIN, JJ., concur.

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