DAVID HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in classifying attempted first-degree murder as a life felony when the jury did not find the use of a deadly weapon.
David Hall was convicted of attempted first-degree murder and sentenced as a prison releasee reoffender. The trial court classified the offense as a l…
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FULMER, Judge.
David Hall appeals his conviction and sentence for attempted first-degree murder. We reject the arguments made by Hall concerning the sufficiency of the evidence and the imposition of discretionary court costs, but we agree that the trial court erred in classifying Hall’s offense as a life felony.
Hall was sentenced to a minimum mandatory life sentence as a prison releasee reoffender, pursuant to section 775.082(9), Florida Statutes (2000). The trial court stated at sentencing that the offense carried a mandatory life sentence.
Hall argues on appeal that the offense should have been classified as a first-degree felony. Hall preserved this argument for review by filing a motion to correct sentence pursuant to Florida Rule of Criminal Procedure 8.800(b)(2). We agree that the trial court erred in sentencing Hall for a life felony.
Attempted first-degree murder is a first-degree felony. See §§ 782.04, 777.04(4)(b), Fla. Stat. (2000). The information charges that Hall committed the offense by stabbing the victim with a deadly weapon, but the verdict form does not reflect a jury finding that Hall used a deadly weapon in the commission of the offense. Therefore, it was error to reclassify the offense to a life felony for the use of a weapon pursuant to section 775.087(l)(a), Florida Statutes (2000). See State v. Tripp, 642 So. 2d 728 (Fla.1994). Accordingly, we reverse and remand for the trial court to correct the judgment and resentence Hall for a first-degree felony.
Reversed and remanded.
WHATLEY and COVINGTON, JJ., Concur.
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Citator
Cited By
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Bailey v. State, 877 So. 2d 836 (Fla. 4th DCA 2004)…); and the attempt to commit a capital felony is a first degree felony, see § 777.04(4)(b), Fla. Stat. (1993). Without enhancing the offense, such as for use of a firearm, attempted first degree murder is not a life felony. See, e.g., Hall v. State, 855 So. 2d 116 (Fla. 2d DCA 2003).1 On a separate point in his motion, Bailey asserted that he could not legally receive a fifteen-year mandatory minimum for the attempted robbery with a firearm, a second degree felony,2 but could receive at most a ten-year manda…
Authorities Cited
- State v. Vinney Tripp, 642 So. 2d 728 (Fla. 1994)