RONALD DAVIS SMALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ronald Small appealed a trial court's denial of his motion challenging his life sentence for armed robbery, arguing he was convicted of only simple robbery (a second-degree felony). The Florida First District Court of Appeal affirmed, holding that the jury verdict's notation of guilt "as charged" combined with the indictment alleging a firearm was sufficient to establish the armed robbery conviction warranting the life sentence.
The court held that Small's life sentence was legal because he was convicted of armed robbery (not simple robbery), as evidenced by the jury verdict's "as charged" language combined with the firearm allegation in the indictment. The jury's verdict of guilt "as charged" is sufficient to constitute the necessary finding that the crime was committed with a firearm.
[1] A jury verdict finding a defendant guilty "as charged" is sufficient to establish the use of a firearm in a robbery conviction when the indictment specifically alleges th…
[2] A defendant's claim that he was sentenced in excess of the statutory maximum for a robbery conviction can be refuted by the jury verdict and clerk's trial memorandum show…
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Join FLexlaw to unlock all legal intelligence“Although it is necessary for the jury to make the finding that the crime was committed with the firearm, State v. Overfelt, 457 So.2d 1385 (Fla.1984); Smith v. State, 445 So.2d 1050 (Fla. 1st DCA 1984), the verdict's use of the phrase "as charged" is sufficient to constitute such finding where the charging document on which the defendant is tried alleges the use of a firearm.”
Establishes the legal standard for finding the firearm element in armed robbery cases
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Join FLexlaw to unlock all legal intelligenceSmall was indicted for armed robbery, specifically alleging he carried a firearm. The jury found him guilty "as charged" and he received a life senten…
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NIMMONS, Judge.
Small appeals from the trial court’s order denying his Fla.R.Cr.P. 3.800 motion alleging he was sentenced in excess of the statutory maximum. He says he was convicted of only simple robbery, a second degree felony, and that the life sentence he received was therefore illegal. We affirm.
Small was charged with armed robbery, the indictment alleging that he carried a firearm (a pistol). Although the judgment and sentence lists the offense generically as “robbery,” 1 both the jury verdict and the “clerk’s memorandum of trial” show that the defendant was found guilty “as charged.”
This 3.800 motion was before us earlier on appeal from another order of summary denial. We reversed and remanded inasmuch as the order failed “to refute, either by attachment of portions of the record or otherwise, the appellant’s claim.” Small v. State, 535 So. 2d 622 (Fla. 1st DCA 1988). In addition to the judgment and sentence and the indictment, we now have as attachments to the order presently under review the above referred verdict and clerk’s trial memorandum. These documents are sufficient to refute Small’s assertion that he was convicted of only unarmed robbery. Although it is necessary for the jury to make the finding that the crime was committed with the firearm, State v. Overfelt, 457 So. 2d 1385 (Fla.1984); Smith v. State, 445 So. 2d 1050 (Fla. 1st DCA 1984), the verdict’s use of the phrase “as charged” is sufficient to constitute such finding where the charging document on which the defendant is tried alleges the use of a firearm. Rios v. State, 510 So. 2d 1025 (Fla. 3rd DCA 1987); Luttrell v. State, 513 So. 2d 1298 (Fla. 2nd DCA 1987); Alejo v. State, 483 So. 2d 117 (Fla. 2nd DCA 1986); and Marshall v. State, 529 So. 2d 797, f.n. 2 (Fla. 3rd DCA 1988).
AFFIRMED.
SHIVERS, C.J., and SMITH, J., concur. . The judgment and sentence form utilized in this 1976 prosecution preceded the uniform judgment and sentence form adopted in 1981, In Re Florida Rules of Criminal Procedure, 408 So. 2d 207 (Fla.1981), which calls for a more detailed specification of the subject crime in the judgment. See Fla.R.Cr.P. 3.986. Prior thereto, it was customary for the judgment to refer only generically to the offense, e.g. “robbery” or “burglary."
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Citator
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Haye v. State, 615 So. 2d 762 (Fla. 5th DCA 1993)…re, vacate the mandatory minimum sentence as to count 5. See State v. Overfelt, 457 So. 2d 1385 (Fla.1984); Hough v. State, 448 So. 2d 628 (Fla. 5th DCA 1984). See also McCollough v. State, 612 So. 2d 697 (Fla. 1st DCA 1993). Compare Small v. State, 556 So. 2d 780 (Fla. 1st DCA 1990); State v. Jones, 536 So. 2d 1161 (Fla. 5th DCA 1988). Appellant finally contends that the trial court erred in ordering all the mandatory minimum sentences to run consecutively. We agree in part with this contention. A trial co…
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McCOLLOUGH v. State, 612 So. 2d 697 (Fla. 1st DCA 1993)…mandatory sentence. Jones at 1162. However, the Jones verdict form specifically stated that the defendant was guilty “of burglary of a dwelling while armed as charged in the information.” Jones at 1161 (emphasis supplied). See also Small v. State, 556 So. 2d 780 (Fla. 1st DCA 1990) (verdict’s use of the phrase “as charged” is sufficient to constitute firearm finding where the charging document references use of a firearm). The verdict form herein simply read “guilty of armed burglary,” without reference to…
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Curls v. State, 216 So. 3d 761 (Fla. 2d DCA 2017)…la. 2d DCA 2006); Bizzell v. State, 912 So. 2d 386 (Fla. 2d DCA 2005); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Luttrell v. State, 513 So. 2d 1298 (Fla. 2d DCA 1987); Small v. State, 556 So. 2d 780 (Fla. 1st DCA 1990). NORTHCUTT, BLACK, and LUCAS, JJ., Concur.…
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
- State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)
- Telesford Alejo v. State, 483 So. 2d 117 (Fla. 2d DCA 1986)
- Luttrell v. State, 513 So. 2d 1298 (Fla. 2d DCA 1987)
- Brindley Marshall v. State, 529 So. 2d 797 (Fla. 3d DCA 1988)
- Smith v. State, 445 So. 2d 1050 (Fla. 1st DCA 1984)
- Leonel Rios v. State, 510 So. 2d 1025 (Fla. 3d DCA 1987)
- In re Florida Rules of Criminal Procedure, 408 So. 2d 207 (Fla. 1981)
- Small v. State, 535 So. 2d 622 (Fla. 1st DCA 1988)