STANLEY PETTIGREW, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the ninety-nine year sentence for attempted first-degree murder was illegal and must be reduced to the statutory maximum of thirty years. Remaining issues were affirmed.
Defendant was convicted of attempted first-degree murder and sentenced to ninety-nine years. The charging document alleged he acted as a principal whi…
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Confession of Error
This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm in part and reverse in part.
*429Defendant-appellant Stanley Pettigrew was charged as a principal in the offense of attempted first-degree murder. The charging document alleged that the defendant “did act as a principal while another, who is to the Assistant State Attorney unknown shot SAMUEL MIZEARY with a firearm, to-wit: a PISTOL, in violation of 782.04(1) and 777.04(1) Florida Statutes ....”1 Upon conviction on this count the defendant was sentence to a term of ninety-nine years.
The State acknowledges that under the applicable statutes, first-degree murder is a capital felony. § 782.041(1), Fla. Stat. (1981). An attempt reduces a capital felony to a first-degree felony. Id. § 777.04(4)(a). “Attempts to commit a capital felony are sentenced as first-degree felonies, which always carry a maximum sentence of thirty years absent a statutory provision authorizing life. There is no such authorizing statute for attempted first-degree murder....” King v. State, 390 So.2d 315, 320 (Fla.1980).2 We therefore reverse the order on this point and remand for reduction of the ninety-nine year sentence on this count to the legal maximum of thirty years. The defendant need not be present.
We affirm on the remaining issues without comment.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.
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Citator
Cited By
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Orientus Werner v. State, 31 So. 3d 916 (Fla. 3d DCA 2010)…ed either to accord the relief to which Werner is concededly entitled or for attachment of those portions of the record which demonstrate that such relief has already been granted. Mendoza v. State, 20 So. 3d 986 (Fla. 3d DCA 2009); George v. State, 19 So. 3d 428 (Fla. 3d DCA 2009); Taylor v. State, 19 So. 3d 420 (Fla. 3d DCA 2009); Fernandez v. State, 18 So. 3d 1200 (Fla. 3d DCA 2009). Reversed and remanded.…
Authorities Cited
- Amos Lee King v. State, 390 So. 2d 315 (Fla. 1980)