Kevin Paul GOUTIER, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
PER CURIAM.
Kevin Goutier challenges the trial court's denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. Because his sentence on one count exceeds the statutory maximum, we reverse.
Goutier alleges in his motion that attempted second-degree murder with a weapon is a second-degree felony and that the scoresheet improperly scored it as a first-degree felony. Goutier's classification of his offense is correct if the charge of second-degree murder is first enhanced by the weapon to a life felony and then reduced to a second-degree felony by application of the attempt statute. However, the crime must be determined before any enhancement due to the use of a weapon, which is strictly a sentencing technique, can be applied. By applying the attempt statute first, the crime of second-degree murder is reduced from a first-degree felony to the second-degree felony of attempted second-degree murder. Next, the enhancement statute is applied to reclassify the second-degree felony to a first-degree felony. Therefore, the offense was properly classified as a first-degree felony. See Baque v. State,
The sentence imposed on this count, however, is illegal because it exceeds the statutory maximum of thirty years and is, therefore, subject to correction in a rule 3.800(a) proceeding. See Davis v. State,
Goutier also asserts that he was scored eighty victim-injury points in contravention of the dictates of Karchesky v. State,
Affirmed in part, reversed in part, and remanded for resentencing.
SCHOONOVER, A.C.J., and FULMER and NORTHCUTT, JJ., concur.
