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SAUNDERS v. STATE

No. 93-1303.

641 So.2d 130 (1994)

Mickey SAUNDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Motion for Rehearing and Certification of Conflict Denied August 17, 1994.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia Ann Ash, Asst. Atty., Gen., West Palm Beach, for appellee.

PARIENTE, Judge.

Appellant (defendant) appeals his conviction for armed burglary, aggravated assault with a firearm and grand theft. The state concedes that defendant's conviction and sentence of ten years for aggravated assault with a firearm must be vacated because the trial court lacked authority to reduce defendant's charge from armed robbery with a firearm to aggravated assault. We agree.

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