State of Florida v. James Nathaniel Marshall

After a jury trial, Appellant was convicted of aggravated battery with great bodily harm by discharging a firearm (count II), aggravated assault by threat with a firearm (count III), and shooting at or into an occupied vehicle (count VI). The trial court initially sentenced Appellant to twenty-five years’ imprisonment on count II; time served on count III; and seventy-eight and one-tenth months’ imprisonment on count VI to run concurrently with count II.

While this appeal was pending, Appellant filed a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2). The…