SMITH v. STATE

No. 1D11-6692.

93 So.3d 387 (2012)

Antoine SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 9, 2012.


Attorney(s) appearing for the Case

Antoine Smith , pro se, Appellant.

Pamela Jo Bondi , Attorney General, and Joshua R. Heller , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant filed a rule 3.800(a) motion raising two claims. We affirm the first claim without discussion. However, because his second claim appears to have merit, we reverse.

In his second claim, the appellant argues that his 30-year sentence for attempted second-degree murder is illegal because attempted second-degree murder is a second-degree felony punishable by a maximum of 15 years. Attempted second-degree murder is indeed a second-degree...

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