Eraeta v. State

Appellant was charged with and found guilty of one count of attempted murder and two counts of resisting arrest with violence. The trial court sentenced him to a term of life with no possibility of parole for twenty-five years. We vacate the sentence and remand for resentencing as appellant was neither charged with nor convicted of attempted murder of a law enforcement officer engaged in the lawful performance of his duties. See § 784.07(3), Fla.Stat. (Supp.1988).

Contrary to the state’s assertion that section 784.07(3) did not create a new crime, the defendant in Gonzalez v. State, 572 So.2d…