McKinney v. State, 89-02666
| Decision Date | 24 July 1991 |
| Docket Number | No. 89-02666,89-02666 |
| Citation | 585 So.2d 318 |
| Parties | 16 Fla. L. Weekly D1921 Michael McKINNEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.
Julianne M. Holt, Tampa, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine B. Johnson, Asst. Atty. Gen., Miami, for appellee.
We affirm appellant's sentence for attempted robbery with a firearm. We reverse his sentence for attempted first-degree murder with a firearm, and remand for resentencing. Because this conviction was reclassified to a life felony pursuant to section 775.087, Florida Statutes (1989), the trial court could not also sentence appellant as a habitual violent felony offender pursuant to section 775.084, Florida Statutes (1989). Walker v. State, 580 So.2d 281 (Fla. 4th DCA 1991); Johnson v. State, 568 So.2d 519 (Fla. 1st DCA 1990). Appellant's remaining point is without merit. Newman v. State, 575 So.2d 724 (Fla. 2d DCA 1991).
Affirmed in part, reversed in part, and remanded for resentencing.
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