Public-domain · open source
OpenJurist

593 So. 2d 1186

Parker v. State

District Court of Appeal of Florida

Decided February 14, 1992

District Court of Appeal of Florida · decided 1992-02-14

Cited by 2 later decisions — most recently December 1996

2 state decisions

Relies on Pincus v. Carlisle

Good law ✅— No negative treatment on recordhow we know

Decided 1992-02-14

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant Leslie Parker was convicted of attempted first degree murder with a firearm and sentenced as a habitual offender. § 775.084, Fla.Stat. (1991). Because of the use of a firearm, this offense is deemed a life felony. § 775.087(l)(a), Fla.Stat. (1991). As such, it cannot be further enhanced by the statutory provisions for habitual offenders. Anthony v. State, 585 So.2d 1172 (Fla. 2d DCA 1991). Accordingly, we remand this case to the circuit court with instructions to correct the judgment and sentence to delete any reference to section 775.084. Appellant need not be present for this purpose.

¶2Reversed.

RYDER, A.C.J., and HALL and ■ PARKER, JJ., concur.
/593/so2d/1186 · .json · Public domain