Aroche v. State

This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Defendant-appellant Aroche maintains that counts five and six, second-degree felony murder, should not have been enhanced to life felonies on account of possession of a weapon or firearm. See § 775.087, Fla. Stat. (1993). Assuming no procedural bar, but see Chanquet v. State, 646 So.2d 834 (Fla. 3d DCA 1994), the rules have changed. The defendant relies on State v. Overfelt, 457 So.2d 1385 (Fla.1984), and its progeny. However, in 2007, the Supreme Court announced…