CARVIL v. STATE

No. 3D04-972.

891 So.2d 1213 (2005)

Macknell Jesse CARVIL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 2, 2005.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Attorney General, and Michael Hantman, Assistant Attorney General for appellee.

Before COPE, GREEN, and WELLS, JJ.


WELLS, Judge.

Macknell Jesse Carvil appeals from the denial of his 3.800 motion to correct an illegal sentence. We reverse.

As the State properly conceded at oral argument, both of Carvil's convictions for attempted second degree murder with a firearm should have been classified as level eight offenses under the 1994 sentencing guidelines, not as level ten offenses. See § 777.04(4)(a), Fla. Stat. (1993); Reid v. State, 799...

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