ROY LEE WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BLUE, Judge.
Roy Lee Watson pleaded guilty and was convicted of burglary with an assault or battery and attempted robbery with a mask; he was sentenced as a habitual offender. We have reviewed this case pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and find error only in a sentencing issue raised by Watson’s appellate counsel. Accordingly, we affirm Watson’s convictions.
Watson was convicted of attempted robbery with a mask in violation of sections 777.04 and 775.0845, Florida Statutes (1991), and section 812.13, Florida Statutes (Supp. 1992). The State concedes that the trial court erred by classifying this offense as a second-degree felony. See Spicer v. State, 615 So. 2d 725 (Fla. 2d DCA 1993) (holding that statute relating to robbery with a mask provides for an enhanced penalty but does not reclassify offense for purposes of habitual offender sentencing), approved sub nom, Cabal v. State, 678 So. 2d 315 (Fla. 1996). Therefore, we remand for the trial court to correct the classification of the attempted robbery conviction to a third-degree felony and resentenee Watson accordingly. In all other respects, we affirm. •
CAMPBELL, A.C.J., and WHATLEY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mauro S. Solone v. State, 686 So. 2d 719 (Fla. 2d DCA 1997)…narmed robbery from a second-degree felony to a first-degree felony for purposes of habitual felony offender sentencing. We determined, instead, that the statute only provided for an enhancement of the sentence to be imposed. Accord Watson v. State, 681 So. 2d 823 (Fla. 2d DCA 1996).1 We concluded, therefore, that the trial court in that case had two options: use the enhanced penalty provisions of the statute and impose a guidelines sentence not exceeding thirty years or use the second-degree felony convictio…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Cabal v. State, 678 So. 2d 315 (Fla. 1996)
- Spicer v. State, 615 So. 2d 725 (Fla. 2d DCA 1993)