Johnson v. State

ON CONCESSION OF ERROR

LAWSON, J.

Phillip Kirk Johnson, Jr., appeals the denial of his motion to correct illegal sentence, 1 claiming that the thirty-year prison releasee reoffender 2 sentence imposed on his 2008 conviction for attempted robbery with a firearm exceeds the maximum penalty allowed by law on that charge. The State properly concedes error.

Robbery with a firearm is a first-degree felony, punishable by life. See § 812.13(1),(2)(a), Fla. Stat. (2008). An attempt to commit the crime is reclassified as a second-degree felony, which carries a maximum penalty of fifteen years in state…