GREGORY WHITE, 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.
A challenge to the imposition of a minimum mandatory sentence and felony reclassification based on firearm possession is cognizable under rule 3.800(a).
[1] A challenge to the imposition of a minimum mandatory sentence based on alleged lack of weapon possession is appropriately raised in a motion to correct an illegal sentenc…
[2] A challenge to the reclassification of a felony based on possession of a weapon or firearm should not be treated differently than a challenge to a minimum mandatory sente…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceGregory White challenged his sentence enhancement for second-degree murder, arguing the trial court imposed a minimum mandatory sentence and reclassif…
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
[*1006] PER CURIAM.
Gregory White challenges the trial court’s denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In his motion White alleges that his sentence is illegal because the trial court enhanced his second degree murder conviction to a life felony and imposed a three-year minimum mandatory sentence without a jury finding that White possessed a firearm. The trial court denied the motion citing Wooden v. State, 589 So. 2d 372 (Fla. 1st DCA 1991), for the proposition that these issues can be raised only on direct appeal. We reverse.
This court has held consistently that a challenge to the imposition of a three-year minimum sentence imposed pursuant to section 775.087(2), Florida Statutes (1989), based on the alleged lack of possession of a weapon, is appropriately raised in a motion to correct illegal sentence. Hubbard v. 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 “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).1 If no such jury finding exists, the trial court must resentence White without the three-year minimum or the reclassification to a life felony.
Appellate review of any subsequent order from the trial court must be filed within thirty days of its rendition.
THREADGILL, C.J., and SCHOONOVER and BLUE, JJ., concur. . White's crimes were committed in 1989, prior to State v. Tripp, 642 So. 2d 728 (Fla.1994), which holds: "The special verdict form — not allegations in an information — indicates when a jury finds a weapon has been used.”
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mancino v. State, 689 So. 2d 1235 (Fla. 2d DCA 1997)…blished precedent that claims such as the appellant’s are procedurally cognizable under rule 3.800(a). See, e.g., Word, 682 So. 2d 642; Hubbard v. State, 667 So. 2d 936 (Fla. 2d DCA 1996). We recently confronted similar situations in White v. State, 688 So. 2d 1005 (Fla. 2d DCA 1997), and Washington v. State, 688 So. 2d 416 (Fla. 2d DCA 1997). As in this case, the trial court in Washington denied a rale 3.800(a) motion attacking the legality of a mandatory three-year minimum sentence for possession of a firear…
-
Anderson v. State, 758 So. 2d 1156 (Fla. 4th DCA 2000)…ntence which may have been improperly enhanced because the sale of the controlled substance was within 200 feet of a public housing facility is not an illegal sentence). Although the second district came to the opposite conclusion in White v. State, 688 So. 2d 1005 (Fla. 2d DCA 1997), we agree with Chan-quet and Moten. Affirmed. STEVENSON and GROSS, JJ„ concur.…
-
Robinson v. State, 704 So. 2d 161 (Fla. 2d DCA 1997)…years. The trial court denied the motion, citing Lyons v. State, 690 So. 2d 695 (Fla. 3d DCA 1997), for the proposition that Tripp does not apply retroactively to eases which were final at the time it was decided. This court held in White v. State, 688 So. 2d 1005 (Fla. 2d DCA 1997), that a challenge to reclassification of a felony based on possession or use of a weapon or a firearm pursuant to section 775.087(1) is appropriately raised in a motion to correct illegal sentence. The mandate was issued in Robins…
Authorities Cited
- State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)
- State v. Vinney Tripp, 642 So. 2d 728 (Fla. 1994)
- Wooden v. State, 589 So. 2d 372 (Fla. 1st DCA 1991)
- Raymundo Reyes v. State, 676 So. 2d 31 (Fla. 2d DCA 1996)
- Hubbard v. State, 667 So. 2d 936 (Fla. 2d DCA 1996)
- Majors v. State, 636 So. 2d 876 (Fla. 1st DCA 1994)