From Casetext: Smarter Legal Research

Dion v. State

District Court of Appeal of Florida, Third District
Feb 23, 1982
409 So. 2d 1216 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1090.

February 23, 1982.

Appeal from the Circuit Court, Dade County, James R. Jorgenson, J.

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.

The defendant need not be present for the amendment. See Taylor v. State, 386 So.2d 825 (Fla. 3d DCA 1980).

With that exception, the judgment and sentences under review are affirmed.

Affirmed as modified.


Summaries of

Dion v. State

District Court of Appeal of Florida, Third District
Feb 23, 1982
409 So. 2d 1216 (Fla. Dist. Ct. App. 1982)
Case details for

Dion v. State

Case Details

Full title:JEAN MARIE DION, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 23, 1982

Citations

409 So. 2d 1216 (Fla. Dist. Ct. App. 1982)

Citing Cases

Howe v. State

The maximum sentence for this crime is thirty years' imprisonment. § 775.082(3), Fla. Stat. (1989). See Dion…

Howard v. State

We find no error and affirm. As to the voluntariness of the confession see Paramore v. State, 229 So.2d 855…