JOSEPH SCOTT BRADFIELD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that aggravated battery, being an already enhanced penalty offense, cannot be further enhanced under section 775.087(1), Florida Statutes (1981) for the use of a firearm.
Appellant was convicted of aggravated battery with a firearm and received a thirty-year sentence, which was enhanced under section 775.087(1). The app…
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CAMPBELL, Judge.
The appellant appeals only the imposition of his sentence of thirty years imprisonment for the offense of aggravated battery with a firearm. Utilizing section 775.-087(1), Florida Statutes (1981), the trial judge enhanced the appellant’s aggravated battery conviction because of his use of a firearm from a felony of the second degree, punishable by a maximum sentence of fifteen years imprisonment, to a felony of the first degree, punishable by a maximum sentence of thirty years imprisonment.
We agree with all of our sister courts in holding that aggravated battery is already an enhanced penalty offense not subject to being further enhanced by the use of section 775.087(1). Webb v. State, 410 So. 2d 944 (Fla. 1st DCA 1982); Reeder v. State, 399 So. 2d 445 (Fla. 5th DCA 1981); Blanton v. State, 388 So. 2d 1271 (Fla. 4th DCA 1980); Knight v. State, 374 So. 2d 1065 (Fla. 3d DCA 1979).
Accordingly, we reverse the appellant’s sentence to thirty years imprisonment and remand for the trial court to impose a sentence not to exceed fifteen years for the aggravated battery. The imposition of the minimum mandatory three years pursuant to section 775.087(2) was proper. REVERSED and REMANDED.
SCHEB, A.C.J., and RYDER, J., concur.
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Hervey Lareau v. State, 573 So. 2d 813 (Fla. 1991)…PER CURIAM. We accepted jurisdiction to resolve an asserted conflict between Lareau v. State, 554 So. 2d 638 (Fla. 4th DCA 1989), and Bradfield v. State, 438 So. 2d 1005 (Fla. 2d DCA 1983).1 The issue is whether section 775.087(1) of the Florida Statutes (1985) authorizes a trial court to reclassify aggravated battery from a second-degree felony to a first-degree felony when the defendant uses a deadly weapon to com…
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Burkett v. State, 518 So. 2d 1363 (Fla. 1st DCA 1988)…rights are restored by a full pardon, conditional pardon, or restoration of civil rights granted pursuant to s. 8, Art. IV of the State Constitution. The right to possess a firearm is a "civil right” suspended under this section. Thompson v. State, 438 So. 2d 1005 (Fla. 2d DCA 1983). We have found no cases which discuss the precise meaning of the terms "convicted" and "conviction” in the context of this statute. Section 40.013(1), Florida Statutes (1985), provides: No person who is under prosecution for any…
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Lopez v. State, 470 So. 2d 58 (Fla. 3d DCA 1985)…appropriate sentence. [*60] Turning to count II, we find no error in the life sentence with a three-year mandatory minimum imposed for the commission of a robbery with a firearm. §§ 812.13(2)(a), 775.087(2), Fla.Stat. (1979); see Bradfield v. State, 438 So. 2d 1005 (Fla. 2d DCA 1983) (aggravated battery already enhanced penalty offense subject to imposition of mandatory minimum sentence). Lopez’s remaining points lack merit. Judgment and sentence vacated as to Count I; affirmed as to count II; remanded with…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mallory Webb, III v. State, 410 So. 2d 944 (Fla. 1st DCA 1982)
- Blanton v. State, 388 So. 2d 1271 (Fla. 4th DCA 1980)
- Gans v. Tarlton, 374 So. 2d 1065 (Fla. 3d DCA 1979)
- Stanford Legray Knight v. State, 374 So. 2d 1065 (Fla. 3d DCA 1979)
- Reeder v. State, 399 So. 2d 445 (Fla. 5th DCA 1981)