Florida District Courts of Appeal, 2003

Williams v. State

Williams v. State
Florida District Courts of Appeal · Decided February 5, 2003 · Covington, Davis, Salcines
836 So. 2d 1082; 2003 Fla. App. LEXIS 1015; 2003 WL 241777 (Southern Reporter, Second Series)

Williams v. State

Opinion of the Court

SALCINES, Judge.

Anthony D. Williams appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm.

Williams claims that his forty-year sentence is illegal because it exceeds the statutory maximum sentence for a first-degree felony. Williams was charged with attempted first-degree murder, a first-degree felony. See §§ 782.04(l)(a), 777.04(4)(a), Fla. Stat. (1989). The information specifically states that Williams attempted to kill the victim “with a firearm,” and the jury found Williams guilty as charged of attempted first-degree murder with a firearm. Therefore, the offense was reclassified from a first-degree felony to a life felony pursuant to section 775.087(l)(a), Florida Statutes (Supp. 1990), for the use of a firearm, and the forty-year *1083prison sentence is legal since it is within the statutory maximum sentence provided for life felonies. See § 775.082(3)(a), Fla. Stat. (1989).

Williams’ confusion is understandable, however, in light of a scrivener’s error contained within the judgment that incorrectly reflects that Williams was convicted of a first-degree felony. In order to avoid future confusion, the trial court may find it advisable to correct that scrivener’s error.

Affirmed.

DAVIS and COVINGTON, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.