Smith v. State

The appellant filed a rule 3.800(a) motion raising two claims. We affirm the first claim without discussion. However, because his second claim appears to have merit, we reverse.

In his second claim, the appellant argues that his 30-year sentence for attempted second-degree murder is illegal because attempted second-degree murder is a second-degree felony punishable by a maximum of 15 years. Attempted second-degree murder is indeed a second-degree felony punishable by up to 15 years’ imprisonment. See §§ 775.084(2); 777.04(4)(c); 775.082(3)(c), Fla. Stat. (2006); McFarland v. State, 794 So.2d…