Alvarez v. State
District Court of Appeal of Florida
1Per curiam
We affirm the denial of Alfredo Alvarez’ third motion to correct illegal sentence in which he raised the same meritless claim that his sentence for attempted premeditated murder with a firearm exceeds the 30 year maximum for a first degree felony under section 775.082(3)(a), Florida Statutes (1981). As the trial court has repeatedly and correctly explained to him, his offense was reclassified to a life felony because he used a firearm. See §§ 775.087(1)(a), 777.04(4)(a), Fla.Stat. (1981). This court affirmed the two previous orders denying relief on this claim, and we do so again.
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2Cases cited1 opinion
- Prince v. StateDistrict Court of Appeal of Florida · 1998
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- MB v. Department of Children and FamiliesDistrict Court of Appeal of Florida · 2001