Torres v. State

SHARP, W., J.

Jody Torres appeals from the denial of his motion filed pursuant to Rule 3.800. He seeks resentencing based on Heggs v. State, 759 So.2d 620 (Fla.2000). Although the record in this case is not clear, we conclude he is entitled to have his score-sheet recalculated.

Torres was convicted in 1996 of attempted second-degree murder with a firearm,1 robbery with a firearm,2 and-shooting into an occupied motor vehicle.3 His offenses took place on October 7, 1996. At his sentencing, the attempted murder charge was treated as a level 10 offense (calculated by going down one level for an…