PEARL MARIE CROFT, 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, as it is a first-degree felony.
Appellant was convicted of attempted first-degree murder and sentenced to life imprisonment as a prison releasee reoffender. She did not contest the P…
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The Appellant, Pearl Marie Croft, was convicted by a jury of attempted first-degree murder. She was sentenced to life imprisonment and designated a prison re-leasee reoffender. In this direct appeal, Croft challenges the legality of her sentence. She does not contest the PRR designation. Rather, she argues that the offense should have been classified as a first-degree felony, not a life felony. We agree and reverse.
The arguments at the hearing on Croft’s rule 3.800(b)1 motion centered around whether there was a valid basis for reclassifying the offense under section 775.087, Florida Statutes. The arguments on appeal maintain that focus. However, we think the record is clear that the parties and the court were, at the time of sentencing, simply mistaken as to the degree of the offense. That is, they were operating under the assumption that attempted murder is a life felony, when that offense is *1152actually a first-degree felony, punishable by a maximum of 30 years’ imprisonment. See §§ 775.082, 777.04(4)(b), 782.04(l)(a), Fla. Stat. (2008). Having thoroughly considered the matter, we also conclude there was no valid basis for reclassification in this case, particularly in the absence of a special verdict reflecting sufficient findings by the jury.
Accordingly, the life sentence imposed for attempted first-degree murder is reversed. The cause is remanded for resen-tencing on that count, consistent with this opinion. The judgment and sentence are affirmed in all other respects.
AFFIRMED in part; REVERSED in part; and REMANDED for resentencing.
MONACO, C.J., EVANDER and JACOBUS, JJ, concur.
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Neville Baker v. State, 152 So. 3d 735 (Fla. 4th DCA 2014)…ror to sentence appellant to life for attempted first degree murder because attempted first degree murder is a first degree felony punishable by imprisonment for thirty years. See §§ 775.082, 777.04(4)(b), Fla. Stat. (2009); see also Croft v. State, 60 So. 3d 1151, 1152 (Fla. 5th DCA 2011) (holding that attempted first degree murder is a first degree felony, not a life felony, and that it is punishable by a maximum of thirty years’ imprisonment). We thus reverse appellant’s sentence on attempted first degree…