MANUEL M. BADIA, 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.
Manuel Badia appeals his convictions for second-degree murder, possession of a firearm by a convicted felon, and attempted second-degree murder. The court affirms the attempted second-degree murder conviction but reverses the 40-year sentence imposed on that conviction as illegal and remands for resentencing, finding the maximum sentence should be 30 years.
The attempted second-degree murder conviction is affirmed because Florida courts have resolved that attempted second-degree murder is a valid crime. However, the 40-year sentence imposed for attempted second-degree murder is illegal and reversed because attempted second-degree murder, as a felony of the second degree that can be reclassified to a felony of the first degree, has a maximum punishment of 30 years, not 40 years.
[1] Attempted second-degree murder is a cognizable crime in Florida.
[2] A sentence for attempted second-degree murder, a felony of the second degree, may be reclassified upward to a felony of the first degree, punishable by a maximum of thirt…
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“Badia argues that he cannot be convicted of attempted second-degree murder as that is a non-existent crime, citing Brown v. State, 733 So. 2d 598 (Fla. 5th DCA 1999), review granted, 744 So. 2d 452 (Fla.1999).”
States the appellant's primary argument that attempted second-degree murder does not exist as a valid crime
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBadia was convicted of second-degree murder, possession of a firearm by a convicted felon, and attempted second-degree murder of another victim. He wa…
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
PER CURIAM.
Appellant, Manuel M. Badia, challenges his convictions and sentences for second-degree murder, possession of a firearm by a convicted felon, and attempted second-degree murder of another victim. He was sentenced to forty years in prison with a three-year mandatory minimum component on the second-degree murder conviction, forty years with a three-year mandatory minimum component on the attempted second-degree murder conviction, and fifteen years on the possession charge, all sentences to run concurrently. Badia argues that he cannot be convicted of attempted second-degree murder as that is a non-existent crime, citing Brown v. State, 733 So. 2d 598 (Fla. 5th DCA 1999), review granted, 744 So. 2d 452 (Fla.1999).
The Florida Supreme Court and this Court have resolved this issue adversely to Badia’s contentions. See Brown v. State, 25 Fla.
L. Weekly S792, — So. 2d -, 2000 WL 1472598 (Fla. Oct. 5, 2000); Rivero v. State, 752 So. 2d 1244 (Fla. 3d DCA 2000).
Therefore, we affirm the attempted second-degree murder conviction.
The state, however, concedes error on Badia’s alternative position that the sentence he received for the attempted second-degree murder conviction was illegal. The state acknowledges that attempted second-degree murder is a felony of the second degree, which can be reclassified upward to a felony of the first degree punishable for a maximum of thirty-years imprisonment. We therefore reverse the forty-year sentence imposed by the trial court on the attempted murder conviction and remand for resentencing on that conviction only. The other points raised by Badia are without merit.
Affirmed in part, reversed in part, and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010)…775.082(3)(b) that provides for a thirty-year sentence. The case law, however, interprets these statutes in favor of the defendant, so that the maximum term of years is thirty. See Yasin v. State, 896 So. 2d 875 (Fla. 5th DCA 2005); Badia v. State, 770 So. 2d 300 (Fla. 3d DCA 2000); see also Sanders v. State, 912 So. 2d 1286, 1292 (Fla. 2d DCA 2005) (describing maximum penalty in appendix to opinion). Id. at 640 (footnote omitted). The First District in Wilson also held that the mandatory minimum term prov…
-
Raynard Wilson v. State, 898 So. 2d 191 (Fla. 1st DCA 2005)…ler v. State, 460 So. 2d 373, 374 (Fla.1984); Henry v. State, 857 So. 2d 344, 345 (Fla. 2d DCA 2003) (attempted second-degree murder is a second-degree felony, properly reclassified as a first-degree felony based on use of a weapon); Badia v. State, 770 So. 2d 300 (Fla. 3d DCA 2000); Goutier v. State, 692 So. 2d 978 (Fla. 2d DCA 1997); Harris v. State, 660 So. 2d 409, 410 (Fla. 4th DCA 1995); Maynoldi v. State, 456 So. 2d 587, 588 (Fla. 3d DCA 1984). Where the sentence imposed exceeds the 30-year maximum sent…
-
Sousa v. State, 976 So. 2d 639 (Fla. 2d DCA 2008)…775.082(3)(b) that provides for a thirty-year sentence. The case law, however, interprets these statutes in favor of the defendant, so that the maximum term of years is thirty. See Yasin v. State, 896 So. 2d 875 (Fla. 5th DCA 2005); Badia v. State, 770 So. 2d 300 (Fla. 3d DCA 2000); see also Sanders v. State, 912 So. 2d 1286, 1292 (Fla. 2d DCA 2005) (describing maximum penalty in appendix to opinion). In his direct appeal, Mr. Sousa argued that his fifty-year terms of imprisonment were illegal and cited the…
Authorities Cited
- Wahill Saleh Hack v. State, 733 So. 2d 598 (Fla. 5th DCA 1999)
- Rivero v. State, 752 So. 2d 1244 (Fla. 3d DCA 2000)