Marty v. State

NORTHCUTT, Judge.

David Marty appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.

Marty pleaded guilty to aggravated assault, attempted manslaughter, shooting at, within, or into a building, and minor in possession of a firearm. He was subsequently sentenced to a three-year minimum mandatory prison term for the aggravated assault count and received five years probation, to run concurrently, on the counts of attempted manslaughter and shooting at, within, or into a building. He received county…