CURIAM. Appellant appeals the denial of his Motion to Correct Illegal Sentence filed pursuant to rule 3.8Ó0, Florida Rules of Criminal Procedure. Appellant was convicted of aggravated battery, and the jury found that he used a firearm to inflict great bodily injury on the victim. The offense was enhanced from a second-degree felony to a first-degree felony based on the use of the firearm, pursuant to secti . State, 983 So.2d 706 (Fla. 5th DCA 2008) (<HOLDING>). We, therefore, reverse the order denying
holding in asapplied challenge that death is the statutory maximum sentence for firstdegree murder holding that firstdegree sexual abuse is a lesserincluded offense of firstdegree sodomy holding that incorrect determination that life felony was a firstdegree felony punishable by life resulting in improper habitual offender sentence was subject to correction in a rule 3800 proceeding holding that after defendants seconddegree felony was reclassified to a firstdegree felony and a twentyfive year minimum mandatory sentence imposed pursuant to section 775087 defendant could not receive a sentence exceeding the thirtyyear statutory maximum for firstdegree felonies holding that firstdegree sexual abuse is a lesserincluded offense of firstdegree rape