Wiley v. State

Robert Earl Wiley, the defendant, appeals his habitual felony offender sentence of fifteen years for the crime of attempted third degree murder of a law enforcement officer. We conclude that the trial court erred in classifying this offense as a second degree felony. Therefore, we reverse for resentencing.

The defendant was originally sentenced on June 17, 1992. At that time, the courts were applying the enhancement provisions of section 784.07, Florida Statutes, which made the crime of attempted third degree murder of a law enforcement officer a life felony. See § 784.07(3), Fla. Stat.…