Opinion
No. 83-681.
February 22, 1984.
Appeal from Circuit Court, Broward County; George A. Shahood, Judge.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's conviction and sentence for attempted first degree murder but reverse his conviction for possession of a firearm while engaged in a felony offense. See Bell v. State, 437 So.2d 1057 (Fla. 1983). We reject appellant's claim that his sentence was improperly enhanced. See Whitehead v. State, 446 So.2d 194 (Fla. 4th DCA 1984). We reject appellant's claim of error as to the trial court's retention of jurisdiction because we do not believe the error to be fundamental and the appellant failed to raise this issue in the trial court.
ANSTEAD, C.J., and DOWNEY and HERSEY, JJ., concur.