Smith v. State

We affirm an order denying Smith’s motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a).

Smith was convicted of a lesser offense of attempted manslaughter with a firearm. His motion alleged that the trial court violated the prohibition against double jeopardy by assessing an additional 25 points on the guidelines scoresheet for possession of a semi-automatic weapon because his offense was already enhanced from a third-degree felony to a second-degree felony by virtue of the firearm possession.

Smith’s punishment was increased by reclassifying his offense from a…