In Shea v. State, 38 Fla. L. Weekly D2205b (Fla. 4th DCA 2013), Shea appealed the denial of a rule 3.800(a) motion to correct an illegal sentence, The Appellate Court reversed in part.
Shea was convicted as charged of 1st degree premeditated murder with a firearm for count one, and two counts of attempted 1st degree murder with a firearm, for counts two and three. He was sentenced to life in prison with a 25-year mandatory minimum on count one, and consecutive life sentences for counts two and three.
The life sentences for the attempted murder counts did not exceed the permissible guidelines range, as these counts could be reclassified for use of a firearm. Resentencing, however, was required on the two counts where the guidelines scoresheet improperly included victim injury points for the capital offense charged in a separate count. Removal of the points would result in a score lower than life and the sentencing transcript reflected that the trial court did not intend to impose an upward departure sentence.