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NELSON v. STATE

No. 90-1440.

575 So.2d 754 (1991)

Harold NELSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 5, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Louis Campbell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before NESBITT, BASKIN and JORGENSON, JJ.

PER CURIAM.

We affirm the judgment of conviction of attempted armed robbery with a firearm, §§ 812.13(2); 777.04(4)(a), Fla. Stat. (1989), finding the claims raised are without merit.

However, we vacate the defendant's sentence since his conviction was impermissibly enhanced to a first-degree felony. See Williams v. State, 537 So.2d 195 (Fla.2d DCA 1989); Lee v. State, 400 So.2d 1238...

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