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.
The court held that the trial court properly amended the judgment to reflect the use of a firearm, thereby upholding the sixty-year sentence.
Appellant sought post-conviction relief, arguing his sixty-year sentences for attempted second-degree murder and attempted kidnapping were excessive. …
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 Jury Finding cases and more on FLexlaw
CAMPBELL, Judge.
Appellant seeks review of the trial court’s denial of his motion for post-conviction relief pursuant to rule 9.140(g), Florida Rules of Appellate Procedure (1985). We affirm.
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 judgment to reflect the crime was committed with a firearm so as to uphold the sixty-year sentence under the enhancement provisions of sections 775.087 and 775.084, Florida Statutes (1981).
According to State v. Overfelt, 457 So. 2d 1385 (Fla.1984), the jury must make a specific finding as to whether the accused actually possessed a firearm during the commission of the crime.
We have ordered the record to be supplemented to demonstrate whether there was a specific finding by the jury that the offense was committed with a firearm as required by Overfelt. We have received the supplement consisting of the certified copy of the jury verdict which makes a specific finding of the use of a firearm.
We, therefore, affirm.
RYDER, C.J., and OTT, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dep't OF Corr. v. Holland, 469 So. 2d 166 (Fla. 1st DCA 1985)…we have recently held, it is the DOC which is the agency required by law to promulgate rules and not the individual prisons of this state. Department of Corrections v. Adams, 458 So. 2d 354 (Fla. 1st DCA 1984) and Adams v. Department of Corrections, 469 So. 2d 164 (Fla. 1st DCA 1985). Should appellant or others find themselves affected by this IOP by virtue of being issued inadequate clothing, whether or not the issue is in compliance with the IOP, then these disputes must initially be reviewed through the a…
-
Adams v. Barton, 507 So. 2d 665 (Fla. 1st DCA 1987)…al prisons are not administrative agencies and that IOP’s are not rules subject to challenge under section 120.56, Florida Statutes (1985). Department of Corrections v. Holland, 469 So. 2d 166 (Fla. 1st DCA 1985); Adams v. Department of Corrections, 469 So. 2d 164 (Fla. 1st DCA 1985); Department of Corrections v. Adams, 458 So. 2d 354 (Fla. 1st DCA 1984); Department of Corrections v. Sumner, 447 So. 2d 1388 (Fla. 1st DCA 1984). Thus, the trial court correctly ruled that the IOP could not be challenged as an u…
-
Smith v. Fla. Dep't OF Corr., 920 So. 2d 638 (Fla. 1st DCA 2005)…correctional institutions and facilities provide copying services to inmates, it designated the type of materials which could be copied by inmates, and it established a set fee to be paid by inmates for copying services. See Adams v. Dep’t of Corr., 469 So. 2d 164, 165 (Fla. 1st DCA 1985) (describing substance of rule as originally promulgated). Prior to April 2004, the rule was last amended in June 1998. See Fla. Admin. Code Ann. r. 33-501.302 (2005) (setting forth amendment history of the rule). As it exist…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)
- Small v. State, 428 So. 2d 337 (Fla. 2d DCA 1983)