DERRICK GOREE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant's sentences were not illegally enhanced because the precedent relied upon for the enhancement was not retroactive.
The defendant was convicted of attempted second-degree murder and his sentences were enhanced due to firearm use. He argued that the verdict forms wer…
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Corrected Opinion On Rehearing Denied
PER CURIAM.
On consideration of appellant’s motion to correct clerical errors in the opinion, the court withdraws the opinion issued February 27, 2002, and substitutes the following corrected opinion.
We treat the motion for rehearing en banc as including a motion for rehearing, and deny it.
Defendant-appellant Derrick Goree argues that his sentences for three counts of attempted second degree murder were im-permissibly enhanced to first degree felonies on account of a firearm. He contends that the sentences are illegal because of the absence of a specific interrogatory finding on the verdict form regarding use of a firearm. The verdicts were returned on November 6,1980.
On April 6, 1982, this court reversed the defendant’s sentences on unrelated counts in Goree v. State, 411 So. 2d 1352, 1354 (Fla. 3d DCA 1982), and remanded for resentencing. The attempted second degree murder counts were not disturbed.
According to defendant, his resentencing took place on July 1, 1982. On July 13, this court announced Streeter v. State, 416 So. 2d 1203 (Fla. 3d DCA 1982). Defendant argues that under Streeter, the verdict forms in this case are insufficient to support the firearm finding necessary to enhance the offense of attempted second degree murder from a second degree felony to a first degree felony. Defendant was convicted of unlawful possession of a firearm while engaged in a criminal offense in separate counts in this case.
Defendant’s sentences for attempted second degree murder became final at the conclusion of his initial appeal. We conclude that Streeter was an evolutionary refinement in the law and is not retroactive. See Ryan v. State, 747 So. 2d 434 (Fla. 4th DCA 1999); Lyons v. State, 690 So. 2d 695 (Fla. 3d DCA 1997). Postconviction relief was correctly denied.
Rehearing denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Swain v. State, 911 So. 2d 140 (Fla. 3d DCA 2005)…a Supreme Court held that verdict forms must specifically provide for a finding by the jury that the defendant was armed with a deadly weapon. This court has, however, specifically found that the Tripp requirement is not retroactive. Goree v. State, 817 So. 2d 979 (Fla. 3d DCA 2002); Lyons v. State, 690 So. 2d 695 (Fla. 3d DCA 1997). The defendant’s second claim is that his convictions and sentences for two separate robberies during the same criminal episode, constitute double jeopardy. This claim was raised…
Authorities Cited
- Murrell Streeter v. State, 416 So. 2d 1203 (Fla. 3d DCA 1982)
- Goree v. State, 411 So. 2d 1352 (Fla. 3d DCA 1982)
- Lyons v. State, 690 So. 2d 695 (Fla. 3d DCA 1997)
- Ryan v. State, 747 So. 2d 434 (Fla. 4th DCA 1999)