State v. Rodriguez

The State appeals an order granting relief under Rule 3.850, Florida Rules of Criminal Procedure. We affirm.

Defendant was convicted of attempted first degree murder. The evidence showed that when police attempted to pull over defendant’s vehicle, defendant fled at high speed. During the chase, the passenger picked up a rifle and began shooting at the pursuing officers.1 Upon conviction, defendant’s sentence was enhanced pursuant to subsection 775.087(1), Florida Statutes (1983), which provided for enhancement of the degree of felony when “[t]he defendant carries, displays, uses, threatens, or…