Brady v. State

Billy B. Brady, Jr., (defendant) appeals the order entered by the trial court summarily denying his motion to correct illegal sentence filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. We affirm the trial court’s denial of the defendant’s double jeopardy claim as successive, but reverse the trial court’s denial of the defendant’s claim that his conviction was improperly reclassified.

The defendant was convicted of committing the crime of aggravated battery on a law enforcement officer with a special finding that he carried a firearm. 1 The trial court sentenced the…