Florida District Courts of Appeal, 2000

Aikens v. State

Aikens v. State
Florida District Courts of Appeal · Decided August 2, 2000 · Ramirez, Shevin, Sorondo
762 So. 2d 1060; 2000 Fla. App. LEXIS 9708; 2000 WL 1055540 (Southern Reporter, Second Series)

Aikens v. State

Opinion of the Court

PER CURIAM.

Defendant appeals an order denying his Florida Rule of Criminal Procedure Rule 3.800 motion. We reverse.

The trial court denied defendant’s motion based on Traylor v. State, 710 So.2d 172 (Fla. 3d DCA 1998). Subsequently, the Florida Supreme Court quashed the *1061portion of this court’s opinion that the trial court relied on, which improperly upheld the enhancement of an attempted first-degree murder conviction from a first-degree felony to a life felony based on the use of a weapon in the predicate felony. See Traylor v. State, 25 Fla. L. Weekly S431, — So.2d -, 2000 WL 701060 (Fla. June 1, 2000). The Supreme Court held that “[t]he trial court should have recognized that the use of a weapon was an essential element of the offense in this felony murder charge, and, therefore, no reclassification or enhancement was warranted.” Id., at S432, at-. Based on that holding, Aikens’ sentence for attempted first-degree murder, as a life felony is illegal.

Accordingly, the order under review is reversed with directions that Aikens’ sentence for attempted first-degree murder be vacated and that Aikens be resentenced in accord with this opinion.

Reversed and remanded.

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