Legal Opinion

Richardson v. State

District Court of Appeal of Florida

Decided November 3, 2004No. 3D03-2157PublishedCited by 1 opinion

1Per curiam

Eric Richardson appeals an order denying his motion to correct illegal sentence. We affirm.

We concur with the trial court that there was no double jeopardy violation. The amendment on remand from Richardson v. State, 818 So.2d 679 (Fla. 3d DCA 2002) made no difference because the court did *1000not employ subsection 775.087(1), Florida Statutes (1999), to reclassify the offense of attempted second degree murder to a higher level of felony. Further, even if the court had relied on subsection 775.087(1)— which it did not — the change in terminology from “weapon” to “deadly weapon” does not make any…

2Cases cited2 opinions

  1. Novaton v. StateSupreme Court of Florida · 1994
  2. Richardson v. StateDistrict Court of Appeal of Florida · 2002

3Cited by1 opinion

  1. McKay v. StateDistrict Court of Appeal of Florida · 2006

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