Alvarez v. State, 83-681

• Court: Florida District Court of Appeals
• Writing for the Court: PER CURIAM; ANSTEAD
• Citation: Alvarez v. State, 445 So.2d 677 (Fla. App. 1984)
• Decision Date: 22 February 1984
• Docket Number: No. 83-681,83-681
• Parties: Alfredo ALVAREZ, Appellant, v. STATE of Florida, Appellee.

Page 677

445 So.2d 677

Alfredo ALVAREZ, Appellant, v. STATE of Florida, Appellee.

No. 83-681.

District Court of Appeal of Florida, Fourth District.

Feb. 22, 1984.

Appeal from Circuit Court, Broward County; George A. Shahood, Judge.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction and sentence for attempted first degree murder but reverse his conviction for possession of a firearm while engaged in a felony offense. See Bell v. State, 437 So.2d 1057 (Fla.1983). We reject appellant's claim that his sentence was improperly enhanced. See Whitehead v. State, 446 So.2d 194 (Fla. 4th DCA 1984). We reject appellant's claim of error as to the trial court's retention of jurisdiction because we do not believe the error to be fundamental and the appellant failed to raise this issue in the trial court.

ANSTEAD, C.J., and DOWNEY and HERSEY, JJ., concur.