BERGENT NEWBOLD, APPELLANT,
v.
THE 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.
Bergent Newbold appealed his convictions for five counts of attempted second-degree murder of a law enforcement officer, along with weapons charges. The court reversed the attempted second-degree murder convictions, holding that the statute applies only to attempted first-degree murder, and remanded for reduction to the necessarily included offense of attempted second-degree murder, while affirming the remaining weapons convictions.
Section 784.07(3) proscribes only attempted first-degree murder of a law enforcement officer, not attempted second-degree murder. The convictions for attempted second-degree murder of a law enforcement officer must be reduced to the necessarily included offense of attempted second-degree murder. The court did not reach the constitutional issue.
[1] A statute proscribing attempted murder of a law enforcement officer applies only to attempted first-degree murder, not attempted second-degree murder.
[2] A conviction for attempted second-degree murder of a law enforcement officer must be reduced to the necessarily included offense of attempted second-degree murder when th…
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 intelligence“the subject statute proscribes only attempted first-degree murder of a law enforcement officer, not, as here, attempted second-degree murder of a police officer”
Establishes the core holding that the statute has been misapplied to second-degree murder charges
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBergent Newbold was convicted of five counts of attempted second-degree murder of a law enforcement officer, one count of carrying a concealed weapon,…
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 Attempted Murder Of A Law Enforcement Officer cases and more on FLexlaw
PER CURIAM.
This is an appeal by the defendant Bergent Newbold from judgments of conviction and sentences for five counts of attempted second-degree murder of a law enforcement officer [§§ 782.04(2), 784.07(3), 775.0825, Fla. Stat. (1993)]; one count of carrying a concealed weapon [§ 790.01(2), Fla.Stat. (1993) ]; and one count of unlawfully discharging a firearm in public [§ 790.15(1), Fla.Stat. (1993)]. We reverse in part and affirm in part.
The sole point raised by the defendant on appeal is that it was fundamental error to convict and sentence the defendant for five counts of attempted second-degree murder of a law enforcement officer under Section 784.07(3), Florida Statutes (1993), because (a) the subject statute is facially unconstitutional, and (b) the subject statute is only applicable, in any event, to attempted first-degree murder of a law enforcement officer. We do not reach the constitutional issue presented, but conclude that (1) the subject statute proscribes only attempted first-degree murder of a law enforcement officer, not, as here, attempted second-degree murder of a police officer, and (2) a conviction for attempted second-degree murder of a law enforcement officer must be reduced to the category 1, necessarily included offense of attempted second-degree murder where, as here, the evidence adduced at trial supports such an conviction — based on the indistinguishable and controlling decision of State v. Iacovone, 660 So. 2d 1371, 1373 (Fla.1995) (affirming Iacovone v. State, 639 So. 2d 1108, 1110 (Fla. 2d DCA 1994)). Contrary to the defendant’s contention, there was ample evidence adduced at trial to support these necessarily included offense convictions.
We therefore reverse the defendant’s five convictions and sentences for attempted second-degree murder of a law enforcement officer, and remand the cause to the trial court with directions (1) to reduce these convictions to the necessarily included offenses of attempted second-degree murder under Sections 782.04(2), 777.04(4)(c), Florida Statutes (1993), and (2) to impose appropriate sentences thereunder. The judgments of conviction and sentences for carrying a concealed weapon and discharging a firearm in a public place are affirmed.
Affirmed in part; reversed in part and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Steverson v. State, 677 So. 2d 398 (Fla. 2d DCA 1996)…re, reverse and remand with the direction that the trial court reduce Steverson’s conviction to the necessarily included offense of attempted second degree murder and impose an appropriate sentence. See § 924.34, Fla. Stat. (1995); Newbold v. State, 667 So. 2d 996 (Fla. 3d DCA 1996). The lack of a specific finding by the jury that Steverson used a firearm in the commission of the crime precludes the imposition upon resentencing of an enhancement or minimum mandatory sentence contemplated in section 775.087, F…
-
Roberts v. State, 698 So. 2d 1289 (Fla. 3d DCA 1997)…nce on March 1, 1996, citing to State v. Iacovone, 660 So. 2d 1371 (Fla.1995). He argued that because sections 784.07(3) and 775.0825, Florida Statutes (1989) applied only to first-degree murder, his sentence should be vacated. See Newbold v. State, 667 So. 2d 996 (Fla. 3d DCA 1996). Thereafter, the state filed a notice of its intent to seek an enhanced penalty on resentencing, pursuant to section 775.084, Florida Statutes (1989). At the resentencing hearing which followed, the prosecutor reminded the judge…
-
State v. Wilson, 734 So. 2d 521 (Fla. 2d DCA 1999)…of attempted second-degree murder, the underlying offense should be ranked as it would be without the law enforcement penalty enhancement contained in section 784.07(3). See Merritt, 712 So. 2d at 385; Steverson, 677 So. 2d at 400; Newbold v. State, 667 So. 2d 996 (Fla. 3d DCA 1996). In this case, Wilson’s primary offense of attempted second-degree murder of a law enforcement officer should have been reduced to the necessarily included offense of attempted second-degree murder without the felony reclassifica…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Iacovone, 660 So. 2d 1371 (Fla. 1995)
- Iacovone v. State, 639 So. 2d 1108 (Fla. 2d DCA 1994)