Wallace v. State

FRANK, Acting Chief Judge.

Joseph R. Wallace was convicted of felony second degree murder with a firearm, and armed burglary of a dwelling with a firearm. He contends that his sentence was illegally enhanced because of the firearm. We agree.

During the commission of a burglary, one of the criminal participants was shot and killed. The court imposed a sentence of forty years in prison on the murder charge, which was classified as a life felony. On the armed burglary charge, which was classified as a first degree felony punishable by life, the court imposed a concurrent term of thirty years in…