A.A. SMITH, APPELLANT,
v.
JANET M. MILLER, APPELLEE
A.A. SMITH, APPELLANT,
JANET M. MILLER, APPELLEE
617 So. 2d 789
Florida District Court of Appeal, First District (1993)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Appellant has failed to fulfill his obligation to bring forward an adequate record of the trial proceedings in this cause. In light of such, this court has previously entered an order pursuant to Florida Rule of Appellate Procedure 9.200(f)(2) directing appellant to comply with the procedure afforded by Florida Rule of Appellate Procedure 9.200(b)(4). Appellant has failed to comply with our order, and has further failed to provide the court with an adequate record in any form. The final judgment appealed from is AFFIRMED.
MINER, WOLF and KAHN, JJ., concur.
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Graham v. State, 681 So. 2d 1178 (Fla. 2d DCA 1996)…endant, and the state concedes, that the sentences imposed for his attempted armed robbery convictions are beyond the statutory maximum for a second degree felony. See §§ 775.082(3)(c), 777.04(4)(d), 812.13(2)(a), Fla.Stat. (1993); Stocker v. State, 617 So. 2d 789 (Fla. 1st DCA 1993). Accordingly, we affirm the sentences for the two counts of attempted murder, but reverse and remand for resentencing on the attempted armed robbery counts. Reversed and remanded. THREADGILL, C.J., and LAZZARA, J., concur.…
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Meeks v. State, 754 So. 2d 101 (Fla. 1st DCA 2000)…ted armed robbery with a firearm as a “first-degree felony” when, in fact, it is a “second-degree felony.” See § 812.13(2), Fla. Stat. (1991); § 777.04(4)(b), Fla. Stat. (1991); Johnson v. State, 667 So. 2d 314 (Fla. 1st DCA 1995); Stocker v. State, 617 So. 2d 789 (Fla. 1st DCA 1993). The written judgment should be corrected. We REVERSE and REMAND for re-sentencing consistent with this opinion. ERVIN, J. concurs; MINER, J„ dissents with opinion. . Section 958.14, Florida Statutes (1991), has not been amend…
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Leandris Johnson v. State, 667 So. 2d 314 (Fla. 1st DCA 1995)…er, we remand for corrections to the written judgment and sentence. The judgment incorrectly designates the offense of attempted armed robbery with a firearm as a first-degree felony when, in fact, it is a second-degree felony. See Stocker v. State, 617 So. 2d 789 (Fla. 1st DCA 1993). The written sentence also fails to indicate that the appellant was sentenced as a youthful offender. JOANOS, BOOTH and MINER, JJ., concur.…
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