Opinion
No. 3D19-1157
08-12-2020
Jeffrey LAGRANDEUR, Appellant, v. The STATE of Florida, Appellee.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Brian H. Zack, Assistant Attorney General, for appellee.
Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Brian H. Zack, Assistant Attorney General, for appellee.
Before FERNANDEZ, LOGUE, and LOBREE, JJ.
PER CURIAM. The judgment on appeal improperly classified the attempted second-degree murder with a firearm as a life felony when it should have been classified as a first-degree felony. While the attempt to commit a first-degree felony, such as second-degree murder, is a felony of the second degree, § 774.04(4)(c), Fla. Stat., the use of the firearm elevates the second-degree felony to a first-degree felony under section 775.087(1). On this point, we reverse and remand with instructions to correct the judgment. In all other respects, we affirm.