Burgess v. State

CANADY, Judge.

Clarence Burgess challenges the trial court’s order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm without comment the trial court’s order as it relates to four of the grounds raised in Burgess’s motion. We reverse the trial court’s denial of the fifth ground and remand for resentencing on Burgess’s conviction for attempted first-degree murder with a firearm.

In trial court case number 95-0095, Burgess was convicted, after jury trial, of attempted first-degree murder with a firearm. He was sentenced to life…