TERRANCE AIKENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Essential Element Of Offense cases and more on FLexlaw
PER CURIAM.
Defendant appeals an order denying his Florida Rule of Criminal Procedure Rule 3.800 motion. We reverse.
The trial court denied defendant’s motion based on Traylor v. State, 710 So. 2d 172 (Fla. 3d DCA 1998). Subsequently, the Florida Supreme Court quashed the portion of this court’s opinion that the trial court relied on, which improperly upheld the enhancement of an attempted first-degree murder conviction from a first-degree felony to a life felony based on the use of a weapon in the predicate felony. See Traylor v. State, 25 Fla. L. Weekly S431, — So. 2d -, 2000 WL 701060 (Fla. June 1, 2000). The Supreme Court held that “[t]he trial court should have recognized that the use of a weapon was an essential element of the offense in this felony murder charge, and, therefore, no reclassification or enhancement was warranted.” Id., at S432, at-. Based on that holding, Aikens’ sentence for attempted first-degree murder, as a life felony is illegal.
Accordingly, the order under review is reversed with directions that Aikens’ sentence for attempted first-degree murder be vacated and that Aikens be resentenced in accord with this opinion.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Potter v. State, 769 So. 2d 519 (Fla. 3d DCA 2000)…ear time span between the date that his conviction and sentence became final and the date that he filed the instant motion for post-conviction relief. Also, none of the applicable exceptions to the limitations period are present. See Zirio v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000). [*520] As to his claim under rule 3.800(a), that rule is limited to the correction of illegal sentences which do not require an evidentiary hearing and his contentions do not support such a result. See State v. Mancino, 714 So. 2…
-
Aikens v. State, 822 So. 2d 562 (Fla. 3d DCA 2002)…PER CURIAM. ■ Upon resentencing, pursuant to this court’s mandate in Aikens v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000), the trial court imposed a departure sentence relying on various reasons. We reverse, as the reasons are invalid. ■ Only one reason merits discussion: that the defendant shot the victim twice. However, the force used in this case…
-
Fanego v. State, 792 So. 2d 1221 (Fla. 3d DCA 2001)…PER CURIAM. Affirmed. See Zirio v. State, 762 So. 2d 1060 (Fla. 3d DCA 2000).…
Authorities Cited
- Traylor v. State, 710 So. 2d 172 (Fla. 3d DCA 1998)