Baque v. State

In this appeal from a conviction for attempted second degree murder with a weapon, the defendant raises four issues. The first two issues, challenging the defendant’s conviction, are without merit. His conviction is affirmed.

As to the defendant’s third issue, we find that the defendant’s offense was properly classified as a first degree felony for sentencing purposes. See §§ 782.04(2), 777.04(4)(b), 775.087(l)(b), Fla.Stat. (1991). This classification was properly reached by: first, applying the attempt statute to reduce the first degree felony of second degree murder to a second degree…