Wilson v. State, 1D04-1441.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM. |
| Citation | 898 So.2d 191 |
| Parties | Raynard WILSON, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 1D04-1441.,1D04-1441. |
| Decision Date | 11 March 2005 |
898 So.2d 191
Raynard WILSON, Appellant,v.
STATE of Florida, Appellee
No. 1D04-1441.
District Court of Appeal of Florida, First District.
March 11, 2005.
Charles J. Crist, Jr., Attorney General, Tallahassee, for Appellee.
PER CURIAM.
In this Anders appeal,1 appellant's appointed appellate counsel represented to this court that counsel could not, in good faith, argue that reversible error occurred in the lower tribunal. Pursuant to the constitutional mandate of Anders and the instruction of the Florida Supreme Court in State v. Causey, 503 So.2d 321 (Fla.1987), we thereafter undertook an independent review of the record. Although we affirm the conviction, our review uncovered a sentencing error, which was not preserved by objection at sentencing or by motion to correct sentence.
After the jury returned a verdict of guilty for attempted second-degree murder, the trial court imposed a 45-year sentence, with a 25-year minimum mandatory sentence pursuant to section 775.087(2)(a)3, Florida Statutes (2003). Second-degree murder is a first-degree felony. See § 782.04(2), Fla. Stat. (2003). If the criminal offense attempted is a first-degree felony, the offense of criminal attempt is a second-degree felony. See § 777.04(4)(c), Fla. Stat. (2003). Attempted second-degree murder is thus a second-degree felony punishable by a maximum sentence of 15 years. If, as in the instant case, the offense is committed with a firearm, the crime is re-classified to a first-degree felony pursuant to section 775.087(1)(b), subject to an enhanced sentence not to exceed 30 years. See Miller v. State, 460 So.2d 373, 374 (Fla.1984); Henry v. State, 857 So.2d 344, 345 (Fla. 2d DCA 2003) (attempted second-degree murder is a second-degree felony, properly reclassified as a first-degree felony based on use of a weapon); Badia v. State, 770 So.2d 300 (Fla. 3d DCA 2000); Goutier v. State, 692 So.2d 978 (Fla. 2d DCA 1997); Harris v. State, 660 So.2d 409, 410 (Fla. 4th DCA 1995); Maynoldi v. State, 456 So.2d 587, 588 (Fla. 3d DCA 1984). Where the sentence imposed exceeds the 30-year maximum sentence for a first-degree felony, as outlined in section 775.082(3)(b), Florida Statutes (2003), it is subject to correction in a rule 3.800(a) proceeding. Goutier, 692 So.2d at 979. See also Badia, 770 So.2d at 300 (court reversed a 40-year...
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Mendenhall v. State, SC09-400.
...District Court of Appeal in Sousa v. State, 976 So.2d 639 (Fla. 2d DCA 2008), and the First District Court of Appeal in Wilson v. State, 898 So.2d 191 (Fla. 1st DCA 2005).1 This case concerns section 775.087, Florida Statutes (2004)-commonly known as the "10-20-Life" statute-specifically se......
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Bernal v. State, 1D07-6292.
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