JACK HOLT, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1987-09-01

No. 87-1568

Before SCHWARTZ, C.J., and HENDRY and BASKIN, JJ.

512 So. 2d 268 Florida District Court of Appeal, Third District (1987) Positive Treatment

Cited by 4 cases

Topics

Firearm Enhancement Life Felony

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Opinion of the Court

PER CURIAM.

The trial court summarily denied defendant Holt’s motion to vacate judgment and sentence pursuant to rule 3.850, Florida Rule of Criminal Procedure. In its response, the state concedes error in the adjudication and sentence as to the second degree murder conviction. We reverse. Finding that the trial court erred in describing the murder conviction as a life felony instead of a first-degree felony punishable by life imprisonment, § 775.087(1), Fla.Stat. (1983), and that this error was further compounded when the trial court enhanced the conviction in the absence of a verdict finding that defendant Holt carried the firearm, Cline v. State, 443 So. 2d 1065 (Fla. 3d DCA 1984); Lopez v. State, 470 So. 2d 58 (Fla. 3d DCA 1985), we reverse and remand for correction of the adjudication and resentencing, if appropriate. Defendant’s remaining points lack merit.

Reversed and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Holt v. State, 547 So. 2d 203 (Fla. 3d DCA 1989)

…PER CURIAM. Following this court’s opinion found and reported in Holt v. State, 512 So. 2d 268 (Fla. 3d DCA 1987), the matter recurred in the trial court, whereupon the court determined that its duty on remand was to amend the judgment and sentence nunc pro tunc to reflect the correct degree of felony, and further to determine that the senten…
Samson v. State, 601 So. 2d 1338 (Fla. 4th DCA 1992)

…s had used a [*1339] firearm to commit the offenses. Because the jury did not make such a finding, the trial court erred in entering the sentences and is, therefore, reversed. Sears v. State, 539 So. 2d 1174, 1175 (Fla. 4th DCA 1989); Holt v. State, 512 So. 2d 268, 269 (Fla. 3d DCA 1987) (per curiam). On remand, the trial court is instructed to change Aarons’s second degree murder conviction (Count I) to a first degree felony punishable by life and to strike Aarons’s three-year mandatory minimum sentences o…

Authorities Cited

Lopez v. State, 470 So. 2d 58 (Fla. 3d DCA 1985)
Reuben D. Plasencia v. State, 443 So. 2d 1065 (Fla. 3d DCA 1984)

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