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717 So. 2d 162

James v. State

District Court of Appeal of Florida

Decided September 16, 1998

District Court of Appeal of Florida · decided 1998-09-16

Relies on 660 So. 2d 1371 - State v. Iacovone

Decided 1998-09-16

PER CURIAM.

¶1We affirm the appellant’s convictions for attempted second degree murder of a police officer and robbery. However, the state correctly concedes that pursuant to the supreme court’s decision in State v. Iacovone, 660 So.2d 1371 (Fla.1995), sections 784.07(3) and 775.0825 apply only to convictions for attempted first degree murder of a law enforcement officer. As such, we must vacate the sentence imposed and remand for resen-tencing.

¶2Affirmed in part, reversed in part, and remanded.

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