DWAYNE A. MCGEE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2001-08-22
No. 3D01-1931
Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge.
791 So. 2d 1252 Florida District Court of Appeal, Third District (2001) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The judgment and scoresheet correctly classify the offense of attempted first degree murder with a firearm as a life felony. Wilson v. State, 666 So. 2d 271 (Fla. 3d DCA 1996); Hemphill v. State, 579 So. 2d 841 (Fla. 3d DCA 1991).

Affirmed.


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  • Sainz v. State, 811 So. 2d 683 (Fla. 3d DCA 2002)
    …, the evidence against him was overwhelming. This included the defendant’s own confession. The evidence is summarized in the written plea agreement. [*689] The offense of attempted first degree murder with a firearm is a life felony. McGee v. State, 791 So. 2d 1252 (Fla. 3d DCA 2001).4 Defendant in his plea agreement acknowledged that under Florida law, the court would be allowed to impose a departure sentence. That was so because the Florida Supreme Court had held that the shooting of a uniformed police offic…

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