KERBY CADET, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KERBY CADET, APPELLANT,
STATE OF FLORIDA, APPELLEE
816 So. 2d 1202
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 1 case
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hamilton v. State, 890 So. 2d 1250 (Fla. 4th DCA 2005)…jecting appellant’s claim that his sentence to 30 years in prison for attempted robbery with a firearm was ille [*1251] gal because that offense is a second degree felony. See e.g. Bailey v. State, 877 So. 2d 836 (Fla. 4th DCA 2004); Cadet v. State, 816 So. 2d 1202 (Fla. 4th DCA 2002). Apparently the trial court had relied on a State response which had erroneously represented that the offense was a first degree felony. The State concedes in its response filed in this Court the need for remand for resentencing…
Authorities Cited
- Thaddeus F. Bass v. State, 698 So. 2d 885 (Fla. 4th DCA 1997)