Hamilton v. State

COPE, Judge.

Douglas Hamilton appeals an order denying his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800. He asserts that his conviction of attempted first degree murder should have been scored on a Category 9 scoresheet instead of a Category 1 score-sheet. We affirm on authority of Roth v. State, 601 So.2d 613 (Fla. 3d DCA 1992). As was done in Roth, we certify direct conflict with Tarawneh v. State, 588 So.2d 1006 (Fla. 4th DCA 1991), review denied, 598 So.2d 78 (Fla.1992).

We agree with defendant that the offense categories for sentencing…