MAGGIE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1991-12-20
No. 91-01115
SCHOONOVER, C.J., and SCHEB and ALTENBERND, JJ., concur.
596 So. 2d 679 Florida District Court of Appeal, Second District (1991) Positive Treatment
Cited by 4 cases
Topics
Attempted Manslaughter With A Firearm Written Judgment Second Degree Felony Third Degree Felony

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant challenges her sentence of two years’ community control followed by ten years’ probation for the offense of attempted manslaughter with a firearm as exceeding the statutory maximum. Before the court accepted appellant’s guilty plea, the court informed appellant that the offense of attempted manslaughter was enhanced by the use of a firearm to a second degree felony. See § 775.087(l)(c), Fla.Stat. (1989). The written judgment, however, incorrectly reflects the degree of the offense as a third, rather than a second, degree felony. We therefore remand for correction of the written judgment to reflect the appropriate degree of the crime in accordance with the court’s oral pronouncement.

We affirm appellant’s conviction and sentence, but remand for correction of the written judgment.

SCHOONOVER, C.J., and SCHEB and ALTENBERND, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • McCALLISTER v. State, 716 So. 2d 821 (Fla. 4th DCA 1998)
    …is a felony of the second degree); Ammons v. State, 623 So. 2d 807 (Fla. 1st DCA 1993) (attempted manslaughter with a firearm is reclassified from a third degree felony to a second degree felony because the firearm was involved); Williams v. State, 596 So. 2d 679 (Fla. 2d DCA 1991) (attempted manslaughter was enhanced by the use of a firearm to a second degree felony); § 775.087(l)(c), Fla. Stat. (1997). Here, the jury found that defendant did “carry, display, use, threaten to use or attempt to use a firear…
  • Ammons v. State, 623 So. 2d 807 (Fla. 1st DCA 1993)
    …n giving the instruction as requested would be considered harmless error. In response, Ammons points to the fact that since a firearm was involved, the offense of attempted manslaughter was reclassified to a second degree felony, Williams v. State, 596 So. 2d 679 (Fla. 2d DCA 1991), and therefore no longer acted as an intervening lesser offense between aggravated battery and the requested instruction. We find merit in Am-mons’ contention. First, there is no question but that discharge of a firearm in public…

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