Opinion
Case No. 2D02-3241.
Opinion filed February 5, 2003.
Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Pinellas County; Mark I. Shames, 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(1)(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(1)(a), Florida Statutes (Supp. 1990), for the use of a firearm, and the forty-year prison 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.