Davis v. State

After a jury trial, appellant was convicted of attempted second degree murder and shooting into an occupied vehicle. He was sentenced to 10 years in prison, with credit for 408 days served. On August 25, 1999, this court affirmed the conviction and sentence at Davis v. State, 743 So.2d 526 (Fla. 4th DCA 1999).

On March 14, 2000, appellant moved to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The state conceded that appellant’s re-sentencing under the 1994 sentencing guidelines was required by Heggs v. State, 759 So.2d 620 (Fla.2000). Without holding a…