Gassaway v. State (400 So. 2d 1324, 1981)

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.