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585 So. 2d 318

Docket No. 89-02666.

McKinney v. State

Michael McKINNEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1991-07-24

Cited by 10 later decisions — most recently August 1995

10 state decisions

Relies on Johnson v. State · Walker v. State · Newman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-07-24

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¶1*319 Julianne M. Holt, Tampa, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine B. Johnson, Asst. Atty. Gen., Miami, for appellee.

¶3PER CURIAM.

¶4We affirm appellant's sentence for attempted robbery with a firearm. We reverse his sentence for attempted first-degree murder with a firearm, and remand for resentencing. Because this conviction was reclassified to a life felony pursuant to section 775.087, Florida Statutes (1989), the trial court could not also sentence appellant as a habitual violent felony offender pursuant to section 775.084, Florida Statutes (1989). Walker v. State,580 So.2d 281 (Fla. 4th DCA 1991); Johnson v. State,568 So.2d 519 (Fla. 1st DCA 1990). Appellant's remaining point is without merit. Newman v. State,575 So.2d 724 (Fla. 2d DCA 1991).

¶5Affirmed in part, reversed in part, and remanded for resentencing.

¶6SCHEB, A.C.J., and RYDER and PATTERSON, JJ., concur.

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