LESTER J. MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Lester Mathis appeals his convictions for attempted second-degree murder of a law enforcement officer, battery of a law enforcement officer, and resisting an officer with violence. The Florida appellate court reverses his attempted second-degree murder conviction and remands for resentencing, finding that the life felony classification with a 25-year minimum applied only to attempted first-degree murder under controlling precedent.
Attempted second-degree murder of a law enforcement officer cannot be classified as a life felony under the challenged statutes. Instead, it must be reclassified as a first-degree felony with a three-year mandatory minimum term because the jury found the defendant used a firearm.
[1] Statutes providing enhanced penalties for attempted murder of a law enforcement officer apply only to attempted first-degree murder.
[2] Attempted second-degree murder is a second-degree felony.
Previewing 2 of 5 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“As the state concedes, the supreme court recently held that these two statutes apply only to attempted first degree murder.”
Establishes that the 25-year mandatory minimum provision applies only to attempted first-degree murder, not second-degree murder
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Join FLexlaw to unlock all legal intelligenceMathis was convicted by jury of attempted second-degree murder of a law enforcement officer, battery of a law enforcement officer, and resisting an of…
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FULMER, Judge.
The defendant, Lester J. Mathis, appeals his convictions for attempted second degree murder of a law enforcement officer, battery of a law enforcement officer and resisting an officer with violence. The defendant was also charged with possession of a firearm by a convicted felon. He pleaded guilty to this offense and does not appeal this conviction. We find merit only in the defendant’s challenge to his conviction for attempted second degree murder of a law enforcement officer. In all other respects, we affirm without comment.
The verdict form reflects that the jury found the defendant guilty of attempted second degree murder of a law enforcement officer and further found that he used a firearm. The trial court adjudicated the defendant guilty and sentenced him to life imprisonment, with a twenty-five year mandatory minimum term.
At the time the defendant was sentenced, sections 784.07(3) and 775.0825, Florida Statutes (1991), provided that the offense of attempted murder of a law enforcement officer be classified as a life felony, subject to a twenty-five year minimum term. As the state concedes, the supreme court recently held that these two statutes apply only to attempted first degree murder. See State v. Iacovone, 660 So. 2d 1371, 1374 (Fla.1995); see also Steverson v. State, 677 So. 2d 398, 400 (Fla. 2d DCA 1996); Iacovone v. State, 639 So. 2d 1108, 1110 (Fla. 2d DCA 1994), affirmed, 660 So. 2d 1371 (Fla.1995). Therefore, the defendant’s conviction for attempted second degree murder of a law enforcement officer may not be classified as a life felony. Instead, it must be reclassified as a first degree felony and he must be resentenced as follows.
Pursuant to sections 782.04(2) and 777.04(4)(b), Florida Statutes (1991), attempted second degree murder is a second degree felony. Because the jury verdict includes a finding that the defendant used a firearm, the offense is reclassified from a second degree to a first degree feíony and the trial court is required to impose a three-year mandatory minimum term. See § 775.087, Fla. Stat. (1991). The trial court must resentenee the defendant on all four convictions based upon a recalculated sentencing guidelines seoresheet.
Affirmed in part, reversed in part and remanded.
BLUE, A.C.J., and QUINCE, J., concur.
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Young v. State, 716 So. 2d 280 (Fla. 2d DCA 1998)…ertify conflict with Carter. Finally, we note that the judgment incorrectly classifies Young’s conviction for attempted second-degree murder with a firearm as a second-degree felony, while it is, in fact, a first-degree felony. See Mathis v. State, 693 So. 2d 1032 (Fla. 2d DCA 1997); Goutier v. State, 692 So. 2d 978 (Fla. 2d DCA 1997). Affirmed in part, reversed in part, and remanded. CAMPBELL, A.C.J., and FULMER and GREEN, JJ., concur. . Life felonies did not become eligible for habitual offender treatmen…
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Mathis v. State, 735 So. 2d 549 (Fla. 2d DCA 1999)…WHATLEY, Judge. Lester James Mathis appeals his sentence imposed upon remand. He contends that the trial court failed to follow this court’s mandate in Mathis v. State, 693 So. 2d 1032 (Fla. 2d DCA 1997), when it failed to resentence him on all four of the counts of which he was convicted. In Mathis, this court reversed only Mathis’s sentence for his conviction of attempted second degree murder of a law enforcement officer becau…
Authorities Cited
- State v. Iacovone, 660 So. 2d 1371 (Fla. 1995)
- Iacovone v. State, 639 So. 2d 1108 (Fla. 2d DCA 1994)
- Steverson v. State, 677 So. 2d 398 (Fla. 2d DCA 1996)