Opinion
Case No. 96-03664
Opinion filed January 22, 1997.
Appeal pursuant to Fla. R. App. P. 9.140(g) from the Circuit Court for Hillsborough County; Bob Anderson Mitcham, Judge.
Gregory White challenges the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion White alleges that his sentence is illegal because the trial court enhanced his second degree murder conviction to a life felony and imposed a three-year minimum mandatory sentence without a jury finding that White possessed a firearm. The trial court denied the motion citing Wooden v State, 589 So.2d 368 (Fla. 1st DCA 1991), for the proposition that these issues can be raised only on direct appeal. We reverse.
This court has held consistently that a challenge to the imposition of a three-year minimum sentence imposed pursuant to section 775.087(2), Florida Statutes (1989), is appropriately raised in a motion to correct illegal sentence. Hubbard v. State, 667 So.2d 936, 937 (Fla. 2d DCA 1996). A challenge to the reclassification of a felony based on possession of a firearm pursuant to section 775.087(1), Florida Statutes (1989), should not be treated differently. See Majors v. State, 636 So.2d 876 (Fla. 1st DCA 1994).
Accordingly, we reverse with directions to the trial court to attach the jury verdict form finding that White possessed a firearm during the crime. If no such jury finding exists, the trial court must resentence White without the three-year minimum or the reclassification to a life felony. State v. Tripp, 642 So.2d 728 (Fla. 1994).
Appellate review of any subsequent order from the trial court must be filed within thirty days of its rendition.
THREADGILL, C.J., and SCHOONOVER and BLUE, JJ., Concur.