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GOULD v. STATE

No. 91-113.

584 So.2d 232 (1991)

Willie James GOULD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 22, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

PETERSON, Judge.

Willie James Gould appeals his sentence for attempted robbery. He claims that, even with enhancement by the habitual offender statute, section 775.084(4)(a)3, Florida Statutes (1989), the sentence exceeds the statutory maximum. We vacate the sentence for the attempted robbery.

In addition to the attempted robbery conviction, Gould also was convicted of three counts of robbery with a deadly weapon. He was sentenced as a habitual offender to...

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