SHEILA WILLIAMS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Sheila Williams appealed her convictions for attempted first-degree murder and armed kidnapping. The court affirmed the convictions but reversed the trial court's reclassification of the felonies from first-degree to life felonies because Williams did not have a weapon in her personal possession or readily available to her.
The court affirmed the convictions for attempted first-degree murder and armed kidnapping but reversed the reclassification to life felonies. The convictions must be treated as first-degree felonies, not life felonies, because the statutory requirement of personal possession or ready availability of a weapon was not met.
[1] A trial court's reprimand of defense counsel in the presence of the jury does not constitute reversible error if not presented on the record.
[2] Upward reclassification of a felony conviction to a life felony under Section 775.087(1), Florida Statutes (1985), requires that the defendant have a weapon or firearm in…
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Join FLexlaw to unlock all legal intelligence“the trial court improperly reclassified the defendant's convictions from first-degree felonies to life felonies under Section 775.-087(1), Florida Statutes (1985), because the defendant did not have a weapon or firearm in her personal possession or readily available to her as required by the above statute for the upward reclassification of a felony conviction”
Establishes the core holding that statutory requirements for weapon possession or ready availability must be met for felony reclassification.
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Join FLexlaw to unlock all legal intelligenceSheila Williams was convicted of attempted first-degree murder and armed kidnapping. The trial court reclassified these convictions from first-degree …
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PER CURIAM.
This is an appeal by the defendant Sheila Williams from judgments of conviction and sentences for attempted first-degree murder and armed kidnapping. We affirm in part and reverse in part.
As to the defendant’s first point on appeal, we find no reversible error presented on this record based on the trial court’s reprimand to defense counsel in the presence of the jury. Baisden v. State, 203 So. 2d 194 (Fla. 4th DCA 1967). As to the defendant’s second point on appeal, we accept the state’s confession of error that the trial court improperly reclassified the defendant’s convictions from first-degree felonies to life felonies under Section 775.-087(1), Florida Statutes (1985), because the defendant did not have a weapon or firearm in her personal possession or readily available to her as required by the above statute for the upward reclassification of a felony conviction. Compare Earnest v. State, 351 So. 2d 957 (Fla.1977) (Section 775.087(2), Florida Statutes (1985) requires personal possession; possession by accomplice insufficient for imposition of three-year mandatory sentence); Menendez v. State, 521 So. 2d 210, 212 (Fla. 1st DCA 1988) (enhancement under § 775.081(1), Fla.Stat.(1985) permissible where evidence shows defendant had weapon “readily available,” though not in actual “physical possession”); Smith v. State, 438 So. 2d 10, 14 (Fla. 2d DCA 1983) (same; weapon “within [defendant’s] immediate grasp”), rev; denied, 447 So. 2d 888 (Fla.1984); Postell v. State, 383 So. 2d 1159, 1162 (Fla. 3d DCA 1980) (defendant “must personally possess the weapon during commission of crime” for enhancement to be appropriate).
We therefore affirm the judgments of conviction for attempted first-degree murder and armed kidnapping, but modify such judgments to indicate that the subject convictions are first-degree felonies, not life felonies. We also affirm the sentences imposed as (1) they are concededly within the sentencing guidelines for the subject convictions as first-degree felonies, and (2) the record affirmatively reflects that the trial judge would have imposed these sentences even if he had treated the convictions as first-degree felonies.
AFFIRMED AS MODIFIED.
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State v. JOY, 221 So. 3d 1281 (Fla. 5th DCA 2017)…ndant carries any weapon or firearm during the commission of the felony. .As the jury was instructed, “carry” is defined under this statute as either actual physical possession of a firearm or having the firearm readily available. Williams v. State, 531 So. 2d 1033, 1033 (Fla. 3d DCA 1988); Menendez v. State, 521 So. 2d 210, 212 (Fla. 1st DCA 1988); see James v. State, 16 So. 3d 322, 326 n.2 (Fla. 4th DCA 2009) (noting that definition of “carry” is narrower than “possess” because possession can be actual or co…
Authorities Cited
- Earnest v. State, 351 So. 2d 957 (Fla. 1977)
- Eve Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980)
- Baisden v. State, 203 So. 2d 194 (Fla. 4th DCA 1967)
- Menendez v. State, 521 So. 2d 210 (Fla. 1st DCA 1988)
- Smith v. State, 438 So. 2d 10 (Fla. 2d DCA 1983)