Opinion

Brown v. State

126 So. 3d 265
2010 Fla. App. LEXIS 12729
2010 WL 3418350

Court: District Court of Appeal of Florida
Filed: Sep 1, 2010
Status: Published
Author: Cope
On the bench: Cope, Cortiñas, Schwartz
Cited by: 0 cases
Authority: More cited than 17.1%

The opinion

COPE, J.

(concurring).

The trial court reached the correct result, although the order contains an error. As a result of enhancement for the firearm, the offense of attempted first-degree murder with a firearm was a life felony, not a first-degree felony punishable by life. See § 775.087(l)(a), Fla. Stat. (1995). The judgment correctly classifies the offense. The sentence is legal. 1

. According to the jury instructions in this Court’s file in Brown v. State, 818 So.2d 652 (Fla. 3d DCA 2002), the charge in the defendant's case was attempted premeditated murder, not attempted first-degree felony murder.

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