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Prunty v. State

District Court of Appeal of Florida, First District
Jun 29, 1978
360 So. 2d 147 (Fla. Dist. Ct. App. 1978)

Opinion

Nos. HH-226, HH-227.

June 29, 1978.

Appeal from the Circuit Court, St. Johns County, E.L. Eastmoore, J.

Michael J. Minerva, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.


Each appellant seeks review of an allegedly excessive sentence imposed following his voluntary plea of guilty to an amended information charging attempted robbery contrary to Sections 812.13 and 777.04, Fla. Stat. (1975). The information as amended contained no allegations concerning use of a firearm, deadly weapon, or other weapon. See Sections 812.13(2)(a) and 812.13(2)(b), Fla. Stat. (1975). Each appellant was adjudicated guilty of attempted robbery.

The information as amended alleged an attempt to commit the offense proscribed by Section 812.13(2)(c) Fla. Stat. (1975). The maximum term of imprisonment for this offense is five years. Section 777.04(4)(c), Fla. Stat. (1975). The sentences imposed on appellants are thus excessive and illegal. The sentences are vacated and the cases are remanded for proper sentencing under Sections 812.13(2)(c) and 777.04(4)(c), Fla. Stat. (1975). Appellants need not be present for resentencing.

BOYER, Acting C.J., and SMITH and BOOTH, JJ., concur.


Summaries of

Prunty v. State

District Court of Appeal of Florida, First District
Jun 29, 1978
360 So. 2d 147 (Fla. Dist. Ct. App. 1978)
Case details for

Prunty v. State

Case Details

Full title:ALAN L. PRUNTY, APPELLANT, v. STATE OF FLORIDA, APPELLEE. DAVID ROBERT…

Court:District Court of Appeal of Florida, First District

Date published: Jun 29, 1978

Citations

360 So. 2d 147 (Fla. Dist. Ct. App. 1978)

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