Martin v. State

Gilberto Martin appeals an order denying his motion to correct illegal sentence pursuant to Rule 3.800(a), Florida Rules of Criminal Procedure. We affirm. First, paragraphs 775.087(1) and 775.087(2), Florida Statutes (1985), are not mutually exclusive. State v. Whitehead, 472 So.2d 730, 732 (Fla.1985). The trial court properly reclassified the second degree murder charge under paragraph 775.087(1) while simultaneously imposing a mandatory minimum sentence pursuant to paragraph 775.-087(2). Second, to the extent that there might otherwise be an issue with respect to the conviction on count…