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MILLER v. STATE

No. 78-1284.

370 So.2d 73 (1979)

Danny Byron MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 25, 1979.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defenders, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The judgment appealed is affirmed, but this case is remanded for resentencing of appellant.

Appellant pled nolo contendere to the charge of robbery with a weapon and was given a life sentence. This sentence is excessive. Robbery with a weapon is a first degree felony, § 812.13(2)(b), Fla. Stat. (1977), punishable by a maximum sentence of 30 years. § 775.082(3)(b), Fla. Stat. (1977). The information did not allege the use of a firearm...

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