Ford v. State

The appellant, convicted of two counts of attempted murder in the first degree with *203a firearm, filed a rule 3.800(a) motion arguing that his sentences have been illegally enhanced pursuant to section 775.087(1) from first-degree felonies to life felonies. The jury verdict form indicates that while the jury found the appellant guilty of the attempted murders, it specifically found the appellant did not actually possess a firearm during the commission of the offenses.

A defendant may not have his conviction reclassified to a higher degree felony under section 775.087(1) if he did not actually…