PITTMAN v. STATE

No. 88-0475.

572 So.2d 29 (1990)

Carl PITTMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lynn Waxman, Asst. Atty. Gen., West Palm Beach, for appellee.


OPINION ON REHEARING

HERSEY, Chief Judge.

We affirm appellant's convictions, finding no merit in any of the three points on appeal dealing with the trial phase of these proceedings. We reverse the sentences, however, and remand for resentencing based upon the following errors.

It was impermissible to reclassify the offense in Count I from a second-degree felony to a first-degree felony. While appellant was charged with attempted first-degree murder...

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