Florida District Courts of Appeal, 1998

James v. State

James v. State
Florida District Courts of Appeal · Decided September 16, 1998 · Jorgenson, Nesbitt, Sorondo
717 So. 2d 162; 1998 Fla. App. LEXIS 11643; 1998 WL 617581 (Southern Reporter, Second Series)

James v. State

Opinion of the Court

PER CURIAM.

We affirm the appellant’s convictions for attempted second degree murder of a police officer and robbery. However, the state correctly concedes that pursuant to the supreme court’s decision in State v. Iacovone, 660 So.2d 1371 (Fla. 1995), sections 784.07(3) and 775.0825 apply only to convictions for attempted first degree murder of a law enforcement officer. As such, we must vacate the sentence imposed and remand for resen-tencing.

Affirmed in part, reversed in part, and remanded.

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