JAMES MANFORD PECK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
James Peck was convicted of kidnapping six persons and robbery with a firearm after a bench trial. On appeal, the court affirmed the convictions but vacated the three-year mandatory minimum on the kidnapping charge and struck court costs, finding the state failed to allege and prove firearm possession during the kidnapping.
The court held that the three-year mandatory minimum on kidnapping was improper because the information did not allege and the trial court did not find that Peck possessed a firearm during the kidnapping. The court also held that court costs and Crimes Compensation Fund payments must be struck because Peck was adjudged indigent.
[1] A mandatory minimum sentence requires the state to allege and prove possession of a firearm or destructive device during the commission of the crime.
[2] A defendant found indigent and represented by appointed counsel cannot be ordered to pay court costs.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In order for a three-year mandatory minimum to apply on a conviction pursuant to section 775.087(2), the state must allege in the information and prove at trial that the defendant possessed a "firearm" or "destructive device" during the commission of the crime.”
Establishes the legal requirement that mandatory minimums require both allegation and proof of firearm possession
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePeck was charged with kidnapping six persons and robbery with a firearm. After a bench trial, the trial court convicted him on both counts and sentenc…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Commission of a Felony cases and more on FLexlaw
HOBSON, Judge.
The state charged James Manford Peck in a two-count information with 1) kidnapping (of six persons), in violation of section 787.01, Florida Statutes (1981), and 2) robbery with a firearm (of one of the six persons), in violation of section 812.13, Florida Statutes (1981).
After a bench trial, the court orally adjudged appellant guilty as charged and orally sentenced him “for a term of 20 years on kidnapping, and 20 years on the robbery with a weapon, with a minimum of three years mandatory.” Thereafter, it rendered a written order convicting him of both crimes and sentencing him to concurrent terms of imprisonment of 20 years with three-year mandatory minimums. Further, its order required him to pay $102 in court costs and $10 to the Crimes Compensation Fund.
Appellant argues that the trial court erred in sentencing him in the written order to a three-year mandatory minimum on the kidnapping conviction. Also, he contends that the court erred in imposing court costs and in requiring him to make payments to the Crimes Compensation Fund. We agree with both assertions.
In order for a three-year mandatory minimum to apply on a conviction pursuant to section 775.087(2), the state must allege in the information and prove at trial that the defendant possessed a “firearm” or “destructive device” during the commission of the crime. See Lawson v. State, 400 So. 2d 1053 (Fla. 2d DCA 1981). Here, the information did not charge appellant with possession of a firearm during the commission of the kidnapping and the trial court did not so find. Thus, we remand with directions to strike from the order the three-year mandatory minimum on the kidnapping, conviction.1
The trial court adjudged appellant indigent prior to trial and appointed the public defender to represent him. Therefore, we further instruct the court, on remand, to strike the portion of the order requiring him to pay $102 in court costs and $10 to the Crimes Compensation Fund. Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981).
Accordingly, we affirm the convictions and the robbery sentence but remand for correction of the kidnapping sentence and for deletion of the costs.
OTT, C.J., and SCHEB, J., concur. . We note that these directions may actually comport with the court’s oral pronouncements at the sentencing hearing. See Benefield v. State, 351 So. 2d 56 (Fla. 2d DCA 1976).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
State v. Webster Fleming McKINNON, 540 So. 2d 111 (Fla. 1989)…its verdict form as to count I, specifically find that the manslaughter was committed with a firearm. It was only in count II that McKinnon was found guilty of having displayed or used a firearm during the commission of a felony. See Peck v. State, 425 So. 2d 664 (Fla. 2d DCA 1983). It appears that the trial court inferred the requisite finding of the use or display of a firearm from the conviction on the second count of the indictment. This inference is not proper. Conviction on one count in an information…
-
Altieri v. State, 835 So. 2d 1181 (Fla. 4th DCA 2002)…tory minimum to apply on a conviction pursuant to section 775.087(2), the state must allege in the information and prove at trial that the defendant possessed a ‘firearm’ or ‘destructive device’ during the commission of the crime. See Peck v. State, 425 So. 2d 664, 665 (Fla. 2d DCA 1983).” Gibbs, 623 So. 2d at 555. We conclude that the imposition of a three year mandatory minimum sentence in this case is consistent with Bryant and Gibbs because the information contains an allegation that the appellant “used a…
-
Leath v. State, 805 So. 2d 956 (Fla. 2d DCA 2001)…al. In order for the three-year minimum mandatory sentence for possession of a firearm to apply pursuant to section 775.087(2), Florida Statutes (1993), the State must allege in the information that the defendant possessed a firearm. Peck v. State, 425 So. 2d 664, 665 (Fla. 2d DCA 1983). As noted in Helmick v. State, 569 So. 2d 869, 870 (Fla. 2d DCA 1990), “[i]t is fundamental error to enhance convictions for the use of a firearm when the information does not charge the use of a firearm.” Moreover, a convict…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Engle v. State, 407 So. 2d 641 (Fla. 2d DCA 1981)
- Lawson v. State, 400 So. 2d 1053 (Fla. 2d DCA 1981)
- Doerr v. State, 351 So. 2d 56 (Fla. 4th DCA 1977)
- Benefield v. State, 351 So. 2d 56 (Fla. 2d DCA 1977)