Dion v. State, 81-1090
| Decision Date | 23 February 1982 |
| Docket Number | No. 81-1090,81-1090 |
| Citation | 409 So.2d 1216 |
| Parties | Jean Marie DION, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Stephen Loffredo, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Steven R. Jacob, Asst. Atty. Gen., for appellee.
Before HUBBART, C. J., and SCHWARTZ and NESBITT, JJ.
We find no merit in the appellant's claims of error in her convictions for multiple crimes committed when she fired on numerous officers who were attempting to take her into custody for bank robbery. Tibbs v. State, 397 So.2d 1120 (Fla.1981); Adkins v. State, 330 So.2d 809 (Fla. 1st DCA 1976); Yesbick v. State, 408 So.2d 1083 (Fla. 4th DCA, 1982).
The trial court, however, erroneously sentenced the defendant to life imprisonment on each of two counts as to which she was found guilty of attempted second degree murder with a firearm. Under Secs. 777.04(4)(b) and 782.04(2), Fla.Stat. (1979), attempted second degree murder is a second degree felony, which, because a firearm was involved, is enhanced by Sec. 775.087(1) (b) to a first degree felony. The maximum sentence for such a crime is 30 years. Sec. 775.082(3). Accordingly, the sentence on counts IV and VII shall, upon remand, each be reduced to 30 years imprisonment. 1
With that exception, the judgment and sentences under review are affirmed.
Affirmed as modified.
1 The defendant need not be present for the amendment. See Taylor v. State, 386 So.2d 825 (Fla. 3d DCA 1980).
To continue reading
Request your trial
-
Howard v. State, 84-825
...1st DCA 1978). As to the enhancement to a first degree felony see Miller v. State, 438 So.2d 83 (Fla. 4th DCA 1983); Dion v. State, 409 So.2d 1216 (Fla. 3d DCA 1982); Section 775.087(1), Florida Statutes (1983). As to the additional enhancement of the 3 year minimum mandatory see State v. W......
-
Howe v. State, 90-03067
...(1989). The maximum sentence for this crime is thirty years' imprisonment. Sec. 775.082(3), Fla.Stat. (1989). See Dion v. State, 409 So.2d 1216 (Fla. 3d DCA 1982). See also Miller v. State, 460 So.2d 373 The sentence consisting of incarceration and probation cannot exceed the maximum period......