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588 So. 2d 71

Spencer v. State

District Court of Appeal of Florida

Decided November 5, 1991

District Court of Appeal of Florida · decided 1991-11-05

Cited by 2 later decisions — most recently March 1994

2 state decisions

Relies on 476 So. 2d 280 - Blackwelder v. State · Moritz v. Hoyt Enterprises, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1991-11-05

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PER CURIAM.

¶1Upon our review of the record and the state's confession of error, we vacate the defendant’s sentence for attempted first-degree murder which was enhanced to a life felony based on defendant’s use of a firearm because the information did not allege, as to that particular count, that a firearm was used. Cerrato v. State, 576 So.2d 351 (Fla. 3d DCA 1991). The cause is thus remanded for resentencing with directions that the attempted first degree murder conviction be reclassified from a life felony to a first-degree felony and that the defendant’s guidelines scoresheet be recalculated accordingly. We point out, however, that the minimum mandatory three-year sentence was properly imposed for those additional counts of which the defendant was convicted where the use of a firearm was alleged. See Blackwelder v. State, 476 So.2d 280 (Fla. 2d DCA 1985).

¶2Reversed and remanded with directions to correct the sentence for attempted first-degree murder.

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