Tatum v. State

FRANK, Acting Chief Judge.

Pursuant to Florida Rule of Criminal Procedure 3.800(a), Kevin Tatum challenges the trial court’s rejection of his attack upon the legality of his sentence. He is correct when he asserts that his sentence exceeds the statutory maximum for the offense for which he was convicted. Thus, we reverse and remand.

Tatum was convicted of second-degree murder with a firearm, and the trial court imposed twenty-two years in prison followed by twenty years’ probation. His judgment incorrectly labels the offense as a first-degree felony, while in fact he was convicted of a life…