Young v. State

In Young v. State, 716 So. 2d 280, 282 (Fla. 2d DCA 1998), this court directed the trial court "to resentence Young on the charge of second-degree murder with a firearm to a non-habitual sentence provided the charging document adequately alleges the life felony for which the jury verdict form reflects he was convicted." After his resentencing, Young filed a rule 3.800 motion alleging that the sentence for his conviction for second-degree murder with a firearm is illegal. The trial court summarily denied Young's claim, concluding that his sentence was properly enhanced from a first-degree felony to a life felony. See 775.087(1)(a), 782.04(2) and (3), Fla. Stat. (1989). The trial court, however, failed to attach Young's charging documents, and we cannot determine whether Young's sentence was properly enhanced. See Young, 716 So. 2d at 282.