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WALKER v. STATE

No. 92-01700.

639 So.2d 1030 (1994)

Christopher G. WALKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 8, 1994.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and William I. Munsey, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Acting Chief Judge.

A jury convicted Christopher Walker of attempted premeditated murder with a firearm and attempted robbery with a firearm. As his sole point on appeal, Walker challenges his sentence of sixty years' imprisonment for attempted murder. Walker argues that, under section 775.082(3)(a), Florida Statutes (1991), the trial court could not impose a sentence exceeding forty years' imprisonment. We agree and reverse.

Premeditated murder is...

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