Florida District Courts of Appeal, 2002

Cadet v. State

Florida District Courts of Appeal · Decided May 22, 2002 · Farmer, Gunther, Stone

816 So. 2d 1202; 2002 Fla. App. LEXIS 6918; 2002 WL 1021395 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hamilton v. State (Fla. Dist. Ct. App. 2005)

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Opinion of the Court

FARMER, J.

We affirm Cadet’s three adjudications of guilt for armed robbery with a firearm and one adjudication of guilt for attempted armed robbery with a firearm. We reverse and remand for resentencing on the attempted armed robbery with a firearm conviction however. Attempted armed robbery with a firearm is a second degree felony. Bass v. State, 698 So.2d 885 (Fla. 4th DCA 1997). The maximum sentence for a habitual violent felony offender who has committed a second degree felony is thirty years. § 775.084, Fla. Stat. (1999). Therefore, it was error to sentence Cadet to life in prison for attempted armed robbery with a firearm.

GUNTHER and STONE, JJ., concur.

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