JOSE ALEJANDRO GALDAMEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-01-23
No. 3D01-1907
Before JORGENSON, GODERICH, and FLETCHER, JJ.
804 So. 2d 619 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant, Jose Alejandro Galdamez, appeals from the denial of his motion to correct illegal sentence. As the State properly concedes, Galdamez should have been sentenced under the 1994 sentencing guidelines, and on remand his offense of attempted second degree murder should be classified as a level eight offense.

Reversed and remanded with directions.

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  • Perez v. State, 840 So. 2d 1179 (Fla. 5th DCA 2003)
    …ored as a Level 9 offense, with a sentencing range of 109.0 to 182.7 months incarceration. The state agrees this was error. Attempted second degree murder is a Level 8 offense. Saylor v. State, 816 So. 2d 1254 (Fla. 5th DCA 2002); Galdamez v. State, 804 So. 2d 619 (Fla. 3d DCA 2002). Nor is it subject to the one level increase for use of a firearm during the Heggs window period. See Salters v. State, 758 So. 2d 667 (Fla.2000); Saylor. However, scoring the attempted second degree murder as a Level 8 offense d…

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