PETER SAMUELS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PETER SAMUELS, APPELLANT,
STATE OF FLORIDA, APPELLEE
681 So. 2d 915
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s convictions and sentences with the exception of the three-year mandatory minimum sentence.
The state concedes and we agree that the trial court erred when it sentenced appellant to a three-year mandatory minimum sentence for shooting into an occupied dwelling. Section 775.087(2), Florida Statutes (1991) does not apply to a conviction for shooting into an occupied dwelling. See Brewer v. State, 343 So. 2d 628 (Fla. 4th DCA 1977). We remand this cause to the trial court with instructions to vacate the three-year mandatory minimum sentence for appellant’s shooting into an occupied dwelling.
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, SHAHOOD and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bradford v. State, 722 So. 2d 858 (Fla. 1st DCA 1998)…orida Statutes (1997), “Shooting into or throwing deadly missiles into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars, street-ears, or other vehicles.” As the court held in Samuels v. State, 681 So. 2d 915 (Fla. 4th DCA 1996), the minimum mandatory sentence provision contained in section 775.087(2) does not apply to a conviction under this statute. We find no error in the trial court’s assessment of eighteen points for possession of a firearm on Coun…
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Robertson v. State, 807 So. 2d 708 (Fla. 4th DCA 2002)…earm is an essential element. See Schmiel v. State, 727 So. 2d 257, 258-59 (Fla.1999); Cleveland v. State, 717 So. 2d 188, 188 (Fla. 5th DCA 1998). The crime of shooting a deadly missile is not enumerated in section 775.087(2), see Samuels v. State, 681 So. 2d 915, 915-16 (Fla. 4th DCA 1996), nor is possession of a firearm an essential element of the crime. See Bradford v. State, 722 So. 2d 858, 860 (Fla. 1st DCA 1998). Therefore, there was no error in including the eighteen points on the scoresheet. Affirm…
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Grable v. State, 37 So. 3d 989 (Fla. 2d DCA 2010)…ence for shooting into a building is illegal. The minimum mandatory sentence provision in section 775.087(2)(a)(l) does not apply to a conviction under section 790.19. See Bradford v. State, 722 So. 2d 858, 860 (Fla. 1st DCA 1998); Samuels v. State, 681 So. 2d 915, 915-16 (Fla. 4th DCA 1996); see also Simmons v. State, 457 So. 2d 534, 535 (Fla. 2d DCA 1984). We also note that the sentence of twenty years’ imprisonment for shooting into a building is illegal because the offense is a second-degree felony punish…
Authorities Cited
- Brewer v. State, 343 So. 2d 628 (Fla. 4th DCA 1977)