GEORGE MILTON LUTTRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court correctly denied the motion for postconviction relief because the sentence enhancement was proper and the claims of ineffective assistance of counsel were facially insufficient.
Appellant sought postconviction relief, arguing his sentence was illegal due to improper enhancement and that his counsel was ineffective. The trial c…
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PER CURIAM.
Appellant challenges the trial court’s denial of his motion for postconviction relief. We affirm.
Appellant first contends that his sentence for attempted second-degree murder is illegal in that it should not have been enhanced from a second-degree felony to a first-degree felony because the jury did not specifically find that he used a weapon in the commission of the offense. This point is without merit because the jury’s verdict specifically referred to the information which charged appellant with attempted first-degree murder with a firearm. See Alejo v. State, 483 So. 2d 117 (Fla. 2d DCA 1986) (defendant’s sentence for second-degree murder could not be enhanced to life felony where jury’s verdict neither referred to use of weapon nor mentioned information which charged defendant with use of knife on commission of offense). Accordingly, the trial court was correct in denying this part of appellant’s motion.
Appellant next contends that the trial court erred in limiting the evidentiary hearing on his motion to only one of thirty-two allegations of ineffective assistance of counsel. We have examined the allegations and conclude that they are facially insufficient in that they do not fulfill the requirements of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and Knight v. State, 394 So. 2d 997 (Fla.1981). Accordingly, we affirm the trial court’s summary denial of these allegations.
CAMPBELL, A.C.J., and FRANK, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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State v. Hargrove, 694 So. 2d 729 (Fla. 1997)…charge of a crime committed with the use of a firearm. See, e.g., State v. Jones, 536 So. 2d 1161 (Fla. 5th DCA 1988) (verdict of “guilty as charged” for defendant charged with burglary with a firearm supported mandatory minimum); Luttrell v. State, 513 So. 2d 1298 (Fla. 2d DCA 1987) (mandatory minimum was supported where jury’s verdict specifically referred to information which charged defendant with attempted first-degree murder with a firearm); Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986) (allowed…
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Tucker v. State, 726 So. 2d 768 (Fla. 1999)…charge of a crime committed with the use of a firearm. See, e.g., State v. Jones, 536 So. 2d 1161 (Fla. 5th DCA 1988) (verdict of “guilty as charged” for defendant charged with burglary with a firearm supported mandatory minimum); Luttrell v. State, 513 So. 2d 1298 (Fla. 2d DCA 1987) (mandatory minimum was supported where jury’s verdict specifically referred to information which charged defendant with attempted first-degree murder with a firearm); Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986) (allowed…
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State v. Jones, 536 So. 2d 1161 (Fla. 5th DCA 1988)…ding of “guilty as charged” has been held a sufficient basis for an enhanced sentence because a firearm was used where, as here, the information specifically charged defendant with use of a firearm in the commission of the felony. Luttrell v. State, 513 So. 2d 1298 (Fla.2d DCA 1987); Webster v. State, 500 So. 2d 285 (Fla.1st DCA 1986). We agree that when an information charges that the defendant committed the crime while armed with a firearm, and the jury finds him guilty “as charged,” such is a sufficient fin…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984)
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Telesford Alejo v. State, 483 So. 2d 117 (Fla. 2d DCA 1986)