Kirtsey v. State

HARRIS, Judge.

James Floyd Kirtsey appeals from an order denying his motion to correct sentence. Kirtsey was originally convicted of kidnapping, use of a firearm in commission of a felony and attempted robbery with a firearm. However, this court in Kirtsey v. State, 511 So.2d 744 (Fla. 5th DCA 1987) *396reversed the kidnapping count but provided:

Accordingly, we reverse the kidnapping conviction, but affirm the convictions and sentences for attempted robbery and use of a firearm, (emphasis added).

In affirming the “sentences” for the remaining crimes, this court failed to consider that by removing…