JOHNSON v. STATE

No. 5D10-1780.

44 So.3d 209 (2010)

Phillip Kirk JOHNSON, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 17, 2010.


Attorney(s) appearing for the Case

Phillip Kirk Johnson, Jr. , Bushnell, pro se.

Bill McCollum , Attorney General, Tallahassee, and Allison Leigh Morris , Assistant Attorney General, Daytona Beach, for Appellee.


ON CONCESSION OF ERROR

LAWSON, J.

Phillip Kirk Johnson, Jr., appeals the denial of his motion to correct illegal sentence,1 claiming that the thirty-year prison releasee reoffender2 sentence imposed on his 2008 conviction for attempted robbery with a firearm exceeds the maximum penalty allowed by law on that charge. The State properly concedes error.

Robbery with a firearm is a first-degree...

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