Witherspoon v. State

This is an appeal of an order denying the motion filed by Michael Witherspoon to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Defendant-appellant Witherspoon requests the striking of his convictions and sentences for two counts of attempted first-degree murder on authority of State v. Gray, 654 So.2d 552 (Fla.1995). We affirm based on the following analysis.

The defendant was convicted of attempted first-degree murder (counts one and two), armed robbery (count three), and shooting or throwing a deadly missile (count four). 1 The permitted range on the sentencing…