PASSMORE v. STATE

No. 96-3302.

711 So.2d 1387 (1998)

Darren Jerome PASSMORE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 1, 1998.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Sheryl J. Lowenthal, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and LEVY and SORONDO, JJ.


PER CURIAM.

The record reflects that the trial court erred in its sentencing of the defendant in connection with counts 2 and 5 of the Information. The trial court classified count 5, Attempted Armed Robbery With a Firearm, as a first degree felony, when it is actually a second degree felony. Similarly, count 2, Aggravated Battery With a Firearm, was improperly classified as a first degree felony, instead of second degree felony.

Accordingly, the sentences...

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