Gassaway v. State

PER CURIAM.

Appellant’s conviction is affirmed but his sentence for attempted first degree murder is vacated and remanded for resentencing as attempts to commit a capital felony are sentenced as first degree felonies, which always carry a maximum sentence of thirty years absent a statutory provision authorizing life. See King v. State, 390 So.2d 315 (Fla.1980). Appellant need not be present at resentencing.

GRIMES, A.C.J., and OTT and DAN-AHY, JJ., concur.