MICHAEL MAJORS, 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 attempted first-degree murder, when a firearm is used, must be reclassified as a life felony, precluding habitual violent felony offender sanctions.
[1] Attempted first-degree murder is a first-degree felony that must be reclassified as a life felony when a jury finds the defendant used a firearm during the commission of…
[2] A conviction for a life felony, reclassified under section 775.087(1)(a), Florida Statutes, precludes the imposition of habitual violent felony offender sanctions.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant was convicted of attempted first-degree murder and sentenced as a habitual violent felony offender. The jury specifically found that appella…
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 Felony Reclassification cases and more on FLexlaw
ERVIN, Judge.
Appellant, Michael Majors, appeals the denial of his motion to correct an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800. We affirm on all points with the exception of appellant’s argument that his convictions for attempted first-degree murder should have been reclassified as life felonies under section 775.087(l)(a), Florida Statutes (1989), thereby precluding application of habitual violent felony offender sanctions. We agree, and therefore reverse the enhanced sentences imposed for appellant’s habitual felony classification and remand for further proceedings.
Attempted first-degree murder is a first-degree felony. §§ 782.04(l)(a), 777.04(4)(a), Fla.Stat. (1989). It does not require as an essential element the use of a firearm; therefore, it must be reclassified under section 775.087(l)(a), Florida Statutes (1989), as a life felony once the jury finds that the defendant used a firearm during the commission of the crime. Strickland v. State, 437 So. 2d 150, 152 (Fla.1983).
In the case at bar, the jury specifically found that appellant carried a firearm during the commission of the offenses; consequently, the court was required to reclassify the offenses as life felonies. Strickland. Although appellant’s life sentences therefor are appropriate, the imposition of habitual violent felony offender sanctions is not. See Johnson v. State, 568 So. 2d 519 (Fla. 1st DCA 1990) (habitual violent felony offender statute does not provide any basis for enhancing sentence of defendant convicted of life felony). And see McKinney v. State, 585 So. 2d 318 (Fla. 2d DCA 1991) (reversing sentence for attempted first-degree murder, because conviction had been reclassified as a life felony under section 775.087(l)(a), thus trial court could not also sentence defendant as a habitual violent felony offender).
The motion for rehearing is granted in part and denied in part.
AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.
BARFIELD and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
White v. State, 688 So. 2d 1005 (Fla. 2d DCA 1997)…allenge to the reclassification of a felony based on possession of a weapon or firearm pursuant to section 775.087(1), Florida Statutes (1989), should not be treated differently. See Reyes v. State, 676 So. 2d 31 (Fla. 2d DCA 1996); Majors v. State, 636 So. 2d 876 (Fla. 1st DCA 1994). Accordingly, we reverse this matter with directions to the trial court to attach the jury finding that White committed the crime while using a firearm, which can be either by “finding him guilty of a crime which involves a fire…
Authorities Cited
- Strickland v. State, 437 So. 2d 150 (Fla. 1983)
- Easter v. State, 568 So. 2d 519 (Fla. 1st DCA 1990)
- McKINNEY v. State, 585 So. 2d 318 (Fla. 2d DCA 1991)