Citations
- 589 So. 2d 1014
Full opinion text
PER CURIAM.
Defendant pleaded guilty to second-degree murder with a firearm, a life felony. He was sentenced to forty years’ incarceration, with a three-year minimum mandatory sentence for the use of a firearm. He was also treated as a habitual violent felony offender, effectively resulting in a fifteen-year minimum mandatory sentence. See § 775.084(4)(b)l, Fla.Stat. (1989).
After untangling a procedural morass stemming from a motion for postconviction relief, a belated appeal, and an affirmance of a prior appeal, none of which affects the result in this case, it is apparent that the defendant’s guilty plea was followed by an illegal sentence. Because his second-degree murder conviction was reclassified to a life felony pursuant to section 775.-087(l)(a), Florida Statutes (1989), for the use of a firearm, the trial court could not sentence defendant as a habitual violent felony offender pursuant to section 775.-084(4)(b). McKinney v. State, 585 So.2d 318 (Fla. 2d DCA 1991).
Accordingly, we reverse defendant’s sentence and remand for resentencing.
SCHEB, A.C.J., and DANAHY and FRANK, JJ., concur.