MICHAEL SMALL, 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.
Michael Small appealed his convictions for attempted second-degree murder, attempted armed robbery, and attempted kidnapping, arguing that his sentences were illegal. The Florida District Court of Appeal affirmed the convictions but reversed the sentences for attempted second-degree murder and attempted kidnapping as exceeding statutory maximums, even with habitual offender enhancement.
The court held that attempted second-degree murder and attempted kidnapping carry maximum sentences of 15 years, which can be enhanced to 30 years under the habitual felony offender statute, but the 60-year sentences imposed were illegal and exceeded the statutory maximum. The sentences for these two charges were vacated and remanded for imposition of legal sentences.
[1] A sentence for attempted second degree murder is limited to fifteen years, or thirty years if enhanced under the habitual felony offender statute.
[2] A sentence for attempted kidnapping is limited to fifteen years, or thirty years if enhanced under the habitual felony offender statute.
Previewing 2 of 4 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“Attempted second degree murder and attempted kidnapping are felonies of the second degree under sections 782.04(2), 787.-01(2), and 777.04(4)(b), Florida Statutes (1981), and therefore, a maximum sentence of fifteen years may be imposed. However, pursuant to the habitual felony offender statute section 775.084(4)(a)(2), Florida Statutes (1981), the sentence may be enhanced to a maximum of thirty years.”
Establishes the statutory sentencing limits for the two offenses at issue, showing that 60-year sentences exceeded the legal maximum even with habitual offender enhancement
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMichael Small was charged with attempted first-degree murder, attempted armed robbery, and attempted kidnapping. A jury found him guilty of attempted …
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 Attempted Kidnapping cases and more on FLexlaw
SCHOONOVER, Judge.
The appellant, Michael Small, has appealed the judgments and sentences entered against him for attempted second degree murder, attempted armed robbery, and attempted kidnapping. We find that the trial court imposed illegal sentences upon the appellant in two of the three sentences entered, and accordingly, we reverse and remand for imposition of proper sentences.
The appellant has raised several arguments on appeal, but we only find merit in his contention that the trial court erred in sentencing him to serve a sixty year sentence for attempted second degree murder and another sixty year sentence for attempted kidnapping. We affirm in all other respects.
The appellant was charged by an information with attempted first degree murder, attempted armed robbery, and attempted kidnapping. The jury found him guilty of attempted second degree murder, attempted armed robbery, and attempted kidnapping. The written judgment entered by the trial court properly adjudicated the appellant guilty of attempted armed robbery and attempted kidnapping in accordance with the jury verdict. However, it incorrectly adjudicated him guilty of attempted first degree murder. The court found that the appellant was a habitual offender and sentenced him to imprisonment for sixty years on the charge of attempted murder, thirty years on the charge of attempted armed robbery, and sixty years on the charge of attempted kidnapping.
Attempted second degree murder and attempted kidnapping are felonies of the second degree under sections 782.04(2), 787.-01(2), and 777.04(4)(b), Florida Statutes (1981), and therefore, a maximum sentence of fifteen years may be imposed. However, pursuant to the habitual felony offender statute section 775.084(4)(a)(2), Florida Statutes (1981), the sentence may be enhanced to a maximum of thirty years. Since the appellant was sentenced to serve a term of sixty years for attempted second degree murder, and another sixty years for attempted kidnapping, the sentences were improper. Accordingly, the appellant’s sentences on these two charges are hereby vacated, and this cause is remanded for imposition of legal sentences on those charges. Furthermore, upon remand, the judgment adjudicating the appellant guilty of attempted first degree murder should be corrected so that it properly reflects the jury verdict of guilty of attempted second degree murder. The trial court is affirmed in all other respects.
HOBSON, Acting C.J., and GRIMES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dominguez v. State, 461 So. 2d 277 (Fla. 5th DCA 1985)…ement statute. Washington v. Mayo, 91 So. 2d 621 (Fla.1957). It merely prescribes longer sentences, but does not reclassify the offenses enhanced as being new substantive offenses. Eutsey v. State, 383 So. 2d 219 (Fla.1980); see also Small v. State, 428 So. 2d 337 (Fla. 2d DCA 1983); Adams v. State, 376 So. 2d 47 (Fla. 1st DCA 1979). Thus the provision in the Sentencing Guidelines, In Re Amendment to Rules of Criminal Procedure, 451 So. 2d 824, 828 (Fla.1984), which states that “if an offender is convicted u…
-
Small v. State, 469 So. 2d 164 (Fla. 2d DCA 1985)…Only one issue presented by appellant has merit. Appellant claims that the sixty-year sentences imposed for the offenses of attempted second degree murder and attempted kidnapping were in excess of the amount authorized by law. See Small v. State, 428 So. 2d 337 (Fla. 2d DCA 1983). On remand, the trial court was directed to correct each sentence to thirty years. The trial court complied as to the attempted kidnapping charge. On the attempted second degree murder conviction, the trial court amended the judgm…