Ward v. State

Ward was sentenced as an habitual felony offender for possession of a firearm by a convicted felon and second-degree murder “by shooting,” as charged in the information. Second-degree murder “by shooting” is a life felony under sections 782.04(2) and 775.087(1)(a), Florida Statutes (1993), and, as such, Ward’s sentence should not have been habitualized. Williams v. State, 650 So.2d 1054 (Fla. 1st DCA 1995); Boatwright v. State, 637 So.2d 353 (Fla. 1st DCA 1994). We therefore affirm Ward’s convictions, but remand for correction of the judgment and sentence for second-degree murder to show that…