RAYMUNDO REYES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court held that the trial court erred by failing to attach record portions supporting its order denying a motion to correct an illegal sentence.
Reyes was convicted of second-degree murder and robbery, with sentence enhancements for firearm possession. He moved to correct the sentence, arguing …
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PER CURIAM.
Raymundo Reyes appeals the denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach the portions of the record supporting its order, we reverse.
According to the motion, Reyes was convicted in 1983 of second-degree murder and robbery. Under section 775.087, Florida Statutes (1981), the convictions were enhanced to life felonies based on the possession of a firearm and Reyes was sentenced to life with a three-year minimum mandatory. Reyes contends that the enhancements and minimum mandatory sentence are illegal because he was not in physical possession of a firearm.
The trial court’s order stated that the jury made a specific finding Reyes possessed a firearm. The trial court thus denied relief, holding that a motion under rule 3.800 was not a proper avenue to challenge the jury’s verdict. The trial court did not provide any attachments showing the jury’s verdict and findings.
[Bjefore a trial court may enhance a defendant’s sentence or apply the mandatory minimum sentence for use of a firearm, the jury must make a finding that the defendant committed the crime while using a firearm either by finding him guilty of a crime which involves a firearm or by answering a specific question of a special verdict form so indicating.
State v. Overfelt, 457 So. 2d 1385, 1387 (Fla.1984) (quoting with approval Overfelt v. State, 434 So. 2d 945 (Fla. 4th DCA 1983)). See also Williams v. State, 656 So. 2d 574 (Fla. 1st DCA 1995) (remanding for correction of illegally enhanced sentence when jury made finding that defendant did not possess firearm).
On remand, the trial court may again deny relief if it attaches the portions of the record that demonstrate the necessary findings by the jury.
Reversed and remanded.
BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.
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White v. State, 688 So. 2d 1005 (Fla. 2d DCA 1997)…State, 667 So. 2d 936, 937 (Fla. 2d DCA 1996). A challenge 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…
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Barnard v. State, 782 So. 2d 458 (Fla. 2d DCA 2001)…In his first claim, Barnard alleged that the trial court erred by reclassifying his kidnapping conviction from a first-degree felony to a life felony when the jury did not make a specific finding regarding the use of a weapon. See Reyes v. State, 676 So. 2d 31 (Fla. 2d DCA 1996) (reversing summary denial without attachments of rule 3.800(a) motion alleging improper sentence enhancement in absence of jury finding that defendant possessed firearm). In his second claim, Barnard alleged that the trial court e…
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Mack v. State, 814 So. 2d 1107 (Fla. 2d DCA 2002)…sentence is illegal. See Collins, 800 So. 2d 660. If the jury did not specifically find that Mack carried a firearm during the kidnapping,. then the three-year mandatory minimum imposed pursuant to section 775.087(2) is illegal. See Reyes v. State, 676 So. 2d 31 (Fla. 2d DCA 1996). We therefore remand to the trial court to determine the legality of Mack’s sentence on count one of the information. Affirmed and remanded. NORTHCUTT and STRINGER, JJ., Concur.…
Previewing 3 of 5 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)
- Overfelt v. State, 434 So. 2d 945 (Fla. 4th DCA 1983)
- Williams v. State, 656 So. 2d 574 (Fla. 1st DCA 1995)