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669 So. 2d 312

Davis v. State

District Court of Appeal of Florida · decided 1996-03-08

Relies on Anders v. California · 648 So. 2d 228 - Davis v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-03-08

How this case has been cited

Cited by 7 later decisions — most recently June 2010

7 state decisions

40199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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FRANK, Judge.

¶1Willie Davis’ original convictions were reversed by this court in Davis v. State, 648 So.2d 228 (Fla. 2d DCA 1994). Upon retrial, he was convicted of attempted robbery and resisting an officer with violence and sentenced to concurrent terms of twenty years in prison as a habitual felony offender. He has again appealed and his counsel has filed an Anders brief asserting that no meritorious issues exist to support the appeal. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our review, however, discloses an error in the sentence imposed upon Davis. Specifically, attempted robbery and resisting an officer with violence are both third-degree felonies punishable by a maximum of ten-years imprisonment under the habitual felony offender statute. See §§ 812.13(2)(c), 777.04(4)(e), Fla.Stat. (1993) (robbery and attempt); § 843.01, Fla.Stat. (1993) (resisting an officer with violence); § 775.084(4)(a)3, Fla.Stat. (1993) (habitual felony offender sentencing).

¶2Therefore, we remand for the trial court to resentence Davis in accordance with the statute.

DANAHY, AC.J., and CAMPBELL, J., concur.
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