Spencer v. State

Upon our review of the record and the state's confession of error, we vacate the defendant’s sentence for attempted first-degree murder which was enhanced to a life felony based on defendant’s use of a firearm because the information did not allege, as to that particular count, that a firearm was used. Cerrato v. State, 576 So.2d 351 (Fla. 3d DCA 1991). The cause is thus remanded for resentencing with directions that the attempted first degree murder conviction be reclassified from a life felony to a first-degree felony and that the defendant’s guidelines scoresheet be recalculated…