Aikens v. State

Defendant appeals an order denying his Florida Rule of Criminal Procedure Rule 3.800 motion. We reverse.

The trial court denied defendant’s motion based on Traylor v. State, 710 So.2d 172 (Fla. 3d DCA 1998). Subsequently, the Florida Supreme Court quashed the *1061portion of this court’s opinion that the trial court relied on, which improperly upheld the enhancement of an attempted first-degree murder conviction from a first-degree felony to a life felony based on the use of a weapon in the predicate felony. See Traylor v. State, 25 Fla. L. Weekly S431, — So.2d -, 2000 WL 701060 (Fla. June 1,…