JOHNATHAN SAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HARRIS, J.
There appears to be more problems with this oft reviewed case, problems arising under Heggs v. State, 759 So. 2d 620 (Fla.2000). It appears that Saylor’s primary offense at sentencing (attempted second degree murder) should have been scored as a level 8 offense instead of a level 9. Further, the one level increase because of the use of a firearm should not apply during the Heggs window period. See Salters v. State, 758 So. 2d 667 (Fla.2000).
We reject Saylor’s Apprendi argument.
This matter is remanded to the trial court for resentencing and the new sentence may be any sentence which the court could have imposed at the original sentencing. See Trotter v. State, 801 So. 2d 1041 (Fla. 5th DCA 2001), rev. granted, Table No. SC02-14 (Fla. Apr. 30, 2002).
REVERSED and REMANDED for re-sentencing.
SHARP, W., and PALMER, JJ., concur.
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Trizell E. Johnson v. State, 881 So. 2d 88 (Fla. 5th DCA 2004)…e prison). The order denying relief is REVERSED, and the case REMANDED to the trial court for the correction of defendant’s sentence. PETERSON and GRIFFIN, JJ., concur. . Cf. Fritznerv. State, 864 So. 2d 574 (Fla. 5th DCA 2004); McKowen v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002).…
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Perez v. State, 840 So. 2d 1179 (Fla. 5th DCA 2003)…tencing indicated that the attempted murder count was scored as a Level 9 offense, with a sentencing range of 109.0 to 182.7 months incarceration. The state agrees this was error. Attempted second degree murder is a Level 8 offense. Saylor v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002); Galdamez v. State, 804 So. 2d 619 (Fla. 3d DCA 2002). Nor is it subject to the one level increase for use of a firearm during the Heggs window period. See Salters v. State, 758 So. 2d 667 (Fla.2000); Saylor. However, scoring th…
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Fritzner v. State, 864 So. 2d 574 (Fla. 5th DCA 2004)…of his amended motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm because Fritzner failed to affirmatively allege that his claim of an illegal sentence can be determined from the face of the record. See McKowen v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002). However, as in McKowen, our affirmance is without prejudice to Fritzner to file á facially sufficient motion pursuant to rule 3.800(a). AFFIRMED. SAWAYA, C.J., and PLEUS, J., concur.…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Salters v. State, 758 So. 2d 667 (Fla. 2000)
- Trotter v. State, 801 So. 2d 1041 (Fla. 5th DCA 2001)