Moye v. State

Kenneth Moye was sentenced as an habitual offender after being convicted of attempted first degree murder. .Count I of the amended information alleged that Moye personally possessed a firearm and shot at the victim with a gun. The jury found Moye guilty of that charge.

Since Moye was both charged with and found guilty of perpetrating the crime with the use of a gun, the trial court was required by the language of section 775.087, Florida Statutes (1993), to reclassify this conviction of a first degree felony to a life felony. Walker v. State, 639 So.2d 1030 (Fla. 2d DCA 1994). Reclassification…