Legal Opinion

Carvil v. State

District Court of Appeal of Florida

Decided February 2, 2005No. 3D04-972Published

1Opinion of the Court

WELLS, Judge.

Macknell Jesse Carvil appeals from the denial of his 3.800 motion to correct an illegal sentence. We reverse.

As the State properly conceded at oral argument, both of Carvil’s convictions for attempted second degree murder with a firearm should have been classified as level eight offenses under the 1994 sentencing guidelines, not as level ten offenses. See § 777.04(4)(a), Fla. Stat. (1993); Reid v. State, 799 So.2d 394, 400 (Fla. 4th DCA 2001); Richman v. State, 793 So.2d 1072 (Fla. 3d DCA 2001). Thus, proper scoring of Carvil’s scoresheet will, again as the State conceded, result…

2Cases cited3 opinions

  1. State v. McBrideSupreme Court of Florida · 2003
  2. Reid v. StateDistrict Court of Appeal of Florida · 2001
  3. Richman v. StateDistrict Court of Appeal of Florida · 2001

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