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Prunty v. State

Alan L. PRUNTY v. STATE of Florida, Appellee David Robert MYDER v. STATE of Florida

Prunty v. State, 360 So. 2d 147 (Fla. Dist. Ct. App. 1978)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 29, 1978
Docket
Nos. HH-226, HH-227
Judges
Booth, Boyer, Smith
Citations
360 So. 2d 147

Opinion of the Court

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PER CURIAM.

Each appellant seeks review of an allegedly excessive sentence imposed following his voluntary plea of guilty to an amended information charging attempted robbery contrary to Sections 812.13 and 777.04, Fla.Stat. (1975). The information as amended contained no allegations concerning use of a firearm, deadly weapon, or other weapon. See Sections 812.13(2)(a) and 812.13(2)(b), Fla.Stat. (1975). Each appellant was adjudicated guilty of attempted robbery.

The information as amended alleged an attempt to commit the offense proscribed by Section 812.13(2)(c) Fla.Stat. (1975). The maximum term of imprisonment for this offense is five years. Section 777.-04(4)(c), Fla.Stat. (1975). The sentences imposed on appellants are thus excessive and illegal. The sentences are vacated and the cases are remanded for proper sentencing under Sections 812.13(2)(c) and 777.04(4)(c), Fla.Stat. (1975). Appellants need not be present for resentencing.

BOYER, Acting C. J., and SMITH and BOOTH, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1980: 11986: 119802026peak 1980 · 1

Relies on it most ⓘ

  1. Arthur v. State391 So. 2d 338 (Fla. Dist. Ct. App. 1980)
  2. McGarry v. State496 So. 2d 138 (Fla. 1986) · Dissent

Most recent

  1. McGarry v. State496 So. 2d 138 (Fla. 1986) · Dissent
  2. Arthur v. State391 So. 2d 338 (Fla. Dist. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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