CARL THEOLET, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Life Felony Reclassification cases and more on FLexlaw
PER CURIAM.
Carl Theolet challenges his life sentence for attempted first-degree murder on the ground that it is an illegal enhancement. The trial court denied relief noting that Theolet was charged with attempted premeditated murder, a first-degree felony, re-classified as a life felony. Cf. Traylor v. State, 785 So. 2d 1179 (Fla.2000)(holding that conviction of attempted felony murder could not be re-classified from first-degree felony to life felony where use of weapon was an essential element of offense in felony murder charge). We affirm.
Theolet did not allege that the state proceeded at trial on an attempted felony murder theory. Moreover, at the time Theolet was convicted, attempted felony murder was not a crime in Florida. State v. Gray, 654 So. 2d 552 (Fla.1995).
STONE, WARNER, and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Harris v. State, 983 So. 2d 662 (Fla. 4th DCA 2008)…lor where defendant entered nolo contendere plea to attempted first degree murder from premeditated design, and was not charged with attempted felony murder in which use of a weapon was an element of the predicate felony). See also Theolet v. State, 801 So. 2d 972 (Fla. 4th DCA 2001) (affirming summary denial of motion for postconviction relief, challenging life sen [*663] tence for attempted first degree murder, reclassified as life felony; distinguishing Traylor where defendant did not allege state proceede…
-
Mitchell v. State, 990 So. 2d 656 (Fla. 4th DCA 2008)…arm. This is because Defendant did not [*658] allege that his attempted first degree murder charges were prosecuted on a felony-murder theory, with which the robbery would serve as the predicate felony for attempted murder. Compare Theolet v. State, 801 So. 2d 972 (Fla. 4th DCA 2001) (affirming summary denial of motion for postconviction relief, challenging life sentence for attempted first degree murder, reclassified as life felony, as distinguished from Traylor where defendant did not allege state proceeded…
Authorities Cited
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- Traylor v. State, 785 So. 2d 1179 (Fla. 2000)