Pettigrew v. State
Pettigrew v. State
Opinion of the Court
Confession of Error
This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm in part and reverse in part.
The State acknowledges that under the applicable statutes, first-degree murder is a capital felony. § 782.041(1), Fla. Stat. (1981). An attempt reduces a capital felony to a first-degree felony. Id. § 777.04(4)(a). “Attempts to commit a capital felony are sentenced as first-degree felonies, which always carry a maximum sentence of thirty years absent a statutory provision authorizing life. There is no such authorizing statute for attempted first-degree murder....” King v. State, 390 So.2d 315, 320 (Fla. 1980).
We affirm on the remaining issues without comment.
Affirmed in part, reversed in part, and remanded for further proceedings consistent herewith.
. The crime date was December 23, 1981.
. The trial court has already vacated the three-year mandatory minimum sentences imposed on this count and two other counts for possession of a firearm while committing the charged crimes.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.