Opinion
No. 80-1013.
May 13, 1981.
Appeal from the Circuit Court, Volusia County, Norton Josephson, Acting Circuit Judge.
James B. Gibson, Public Defender, and Steven C. Van Voorhees, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant was found guilty of attempted armed robbery. Armed robbery is a felony of the first degree. § 812.13(2)(a), Fla. Stat. (1979). An attempt to commit a felony of the first degree is a felony of the second degree. § 777.04(4)(b), Fla. Stat. (1979). The maximum sentence for a second degree felony is fifteen years. § 775.082(3)(c), Fla. Stat. (1979). Appellant's thirty year sentence on Count I of an attempted armed robbery is hereby reduced to the fifteen year maximum provided by law. Appellant's other judgments and sentences are supported by substantial competent evidence and are affirmed.
AFFIRMED in part; REVERSED in part.
COBB and UPCHURCH, JJ., concur.