Florida District Courts of Appeal, 1998

Passmore v. State

Passmore v. State
Florida District Courts of Appeal · Decided July 1, 1998 · Levy, Schwartz, Sorondo
711 So. 2d 1387; 1998 Fla. App. LEXIS 7968; 1998 WL 347436 (Southern Reporter, Second Series)

Passmore v. State

Opinion of the Court

PER CURIAM.

The record reflects that the trial court erred in its sentencing of the defendant in connection with counts 2 and 5 of the Information. The trial court classified count 5, Attempted Armed Robbery With a Firearm, as a first degree felony, when it is actually a second degree felony. Similarly, count 2, Aggravated Battery With a Firearm, was improperly classified as a first degree felony, instead of second degree felony.

Accordingly, the sentences imposed in connection with counts 2 and 5 are reversed and this case must be remanded to the trial court for the imposition of a sentence consistent herewith. In all other respects, the convictions and sentences imposed by the court are affirmed.

Affirmed in part, reversed in part, and remanded with directions.

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