Walker v. State

RYDER, Acting Chief Judge.

A jury convicted Christopher Walker of attempted premeditated murder with a firearm and attempted robbery with a firearm. As his sole point on appeal, Walker challenges his sentence of sixty years’ imprisonment for attempted murder. Walker argues that, under section 775.082(3)(a), Florida Statutes (1991), the trial court could not impose a sentence exceeding forty years’ imprisonment. We agree and reverse.

Premeditated murder is capital felony. § 782.04(l)(a), Fla.Stat. (1991). Attempted premeditated murder is a first degree felony that is reclassified to a life…