KEITH J. BANNISTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the defendant's sentences were legal because the underlying charges, second-degree murder and attempted first-degree murder with a weapon, authorized life imprisonment penalties.
The defendant pled guilty to second-degree murder and attempted first-degree murder with a weapon. He appealed an order denying his motion to correct …
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PER CURIAM.
Keith J. Bannister appeals an order denying his motion to correct illegal sentence. The circuit court clerk has been unable to locate the file of defendant-appellant Bannister as it has been sent out for microfilming, but it is clear from the materials attached to the motion that the defendant is not entitled to any relief. The charge of second degree murder, to which the defendant pled guilty, is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. § 782.04, Fla. Stat. (1979); Page v. State, 687 So. 2d 1357 (Fla. 3d DCA 1997). If enhanced for use of a weapon, see § 775.087(1), Fla. Stat. (1979), it becomes a life felony. State v. Whitehead, 472 So. 2d 730, 731 (Fla.1985). Under either analysis, life imprisonment is an authorized penalty for this crime.
The second charge to which the defendant pled guilty was attempted first degree murder. It is clear from the materials the defendant has submitted that the charge was attempted first degree murder with a weapon. That offense is a life felony. See § 782.04(1), 777.04(4)(a), 775.087(l)(a), Fla. Stat. (1979); Strickland v. State, 437 So. 2d 150, 152 (Fla.1983).
The defendant argues that it was impermissible to enhance the attempted first degree murder charge for use of a weapon. The defendant is mistaken, as use of a weapon is not an essential element of the crime of attempted first degree murder. Strickland, 437 So. 2d at 152; § 775.087(1), Fla. Stat. (1979).
It follows that the defendant’s sentences are legal.
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Bryant v. State, 944 So. 2d 1016 (Fla. 3d DCA 2006)…§ 782.04(2X3), Fla. Stat. (1977).2 For such an offense, a life sentence is a legal sentence. That being so, the defendant’s life sentence on count one is a legal sentence.3 See Betancourt v. State, 804 So. 2d 313, 315 (Fla.2001); Bannister v. State, 844 So. 2d 767, 768 (Fla. 3d DCA 2003). Affirmed. . Alternatively, it is sufficient if the documents demonstrating successiveness are attached to the defendant’s motion, the State's response, the defendant’s reply, or any motion for rehearing, response, or reply…
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Bannister v. State, 935 So. 2d 644 (Fla. 3d DCA 2006)…motion is clearly untimely since Bannister entered guilty pleas to these reduced charges on April 9, 1981, over twenty-five years ago; (2) this court has already found the sentences imposed to have been legal on May 14, 2003, see Bannister v. State, 844 So. 2d 767 (Fla. 3d DCA 2003), and again on November 24, 2004, when this court per curiam affirmed the trial court’s denial of Bannister’s motion to correct illegal sentence, see Bannister v. State, 888 So. 2d 38 (Fla. 3d DCA 2004); and (3) the doctrine of lac…
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Burnett C. Harris v. State, 8 So. 3d 1245 (Fla. 3d DCA 2009)…PER CURIAM. Affirmed. See Bannister v. State, 844 So. 2d 767 (Fla. 3d DCA 2003).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Strickland v. State, 437 So. 2d 150 (Fla. 1983)
- THE Florida BAR v. Jones, 472 So. 2d 730 (Fla. 1985)
- State v. Whitehead, 472 So. 2d 730 (Fla. 1985)
- Ross v. State, 687 So. 2d 1357 (Fla. 3d DCA 1997)
- Page v. State, 687 So. 2d 1357 (Fla. 3d DCA 1997)