State v. Gray

FULMER, Judge.

The State of Florida appeals the trial court’s refusal to reclassify the conviction of Carol Hobbs Gray to a first degree felony pursuant to section 775.087(l)(b), Florida Statutes (1991). We reverse, vacate the sentence and remand with instructions to reclassify the conviction to a first degree felony and sentence accordingly.

Gray was charged with attempted murder in the first degree and shooting into a building.1 She was convicted by a jury of the *106lesser included offense of attempted murder in the second degree and shooting into a building as charged. At the sentencing…