Torres v. State

Torres appeals an order resentencing him for attempted second degree murder with a firearm, robbery with a firearm and shooting into an occupied motor vehicle. He argues that the lower court erred in assessing 18 points for possession of a firearm on the shooting into an occupied motor vehicle count because the firearm he possessed was not used in the commission of that crime. We affirm.

Torres was convicted and sentenced for the above mentioned crimes in 1996. He sought a Heggs1 resentencing, which this court ordered in Torres v. State, 798 So.2d 777 (Fla. 5th DCA 2001). At his resen-tencing…