Martinez v. State

Carlos Martinez appeals the summary denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Martinez was found guilty of attempted second-degree murder with a firearm in count one1 and was sentenced to life in prison with a twenty-five-year minimum mandatory. Martinez asserts that his conviction for attempted second-degree murder with a firearm, which was reclassified as a first-degree felony under section 775.087(l)(b), Florida Statutes (2007), is subject to a sentence not to exceed thirty years under section 775.082(3). We agree and…