JOHNNY HARGROVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed consecutive 20-year minimum mandatory sentences for attempted first-degree murder with a firearm under the 10-20-life statute, rejecting the defendant's argument based on a since-reversed precedent.
Consecutive minimum mandatory sentences for two counts of attempted first-degree murder with a firearm are permissible when the defendant commits separate acts of violence against different victims.
[1] Consecutive minimum mandatory sentences under the 10-20-life statute are permissible for multiple counts of attempted first-degree murder with a firearm when the defendan…
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Join FLexlaw to unlock all legal intelligenceHargrove stepped in front of a car with two occupants, shot at the driver Freeman (hitting him), and then shot at passenger Davis (hitting the car doo…
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ALTENBERND, Judge.
Johnny Hargrove appeals a judgment for two counts of attempted first-degree murder with a firearm and one count of shooting into a vehicle. The trial court sentenced Mr. Hargrove to two consecutive twenty-year terms of imprisonment, minimum mandatory, for the two counts of attempted murder pursuant to the 10-20-life statute, see § 775.087(2)(a), Fla. Stat. (2001), and to a concurrent term of fifteen years’ imprisonment for shooting into a vehicle. We affirm the convictions without further comment.
Mr. Hargrove argued that our opinion in Sousa v. State, 868 So. 2d 538 (Fla. 2d DCA 2003), prohibited the consecutive twenty-year minimum mandatory sentences. However, our opinion in Sousa has recently been reversed. See State v. Sousa, 903 So. 2d 923 (Fla.2005) (citing State v. Christian, 692 So. 2d 889 (Fla.1997)). Here, as in Sousa, Mr. Hargrove was convicted of two counts of attempted first-degree murder with a firearm. The evidence presented established that Mr. Hargrove stepped in front of a car with two occupants — Mr. Freeman, the driver, and Ms. Davis, the passenger. Mr. Hargrove took aim and shot at Mr. Freeman, and the bullet struck and injured Mr. Freeman. Thereafter, as Mr. Freeman attempted to drive away, Mr. Hargrove again took aim and shot at Ms. Davis, with the bullet hitting the passenger side door window. Pursuant to Sousa, 903 So. 2d 923 and Christian, 692 So. 2d 889, this series of events permitted the imposition of consecutive sentences. We therefore affirm the judgment and sentences.
Affirmed.
CASANUEVA, J., and THREADGILL, EDWARD F., Senior Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shawntrell Church v. State, 967 So. 2d 1073 (Fla. 2d DCA 2007)…e crimes for stacking purposes. The stacking of firearm mandatory minimum terms thus is permissible where the defendant shoots at multiple victims, and impermissible where the defendant does not fire the weapon. Id. at 890-91. In Hargrove v. State, 905 So. 2d 275 (Fla. 2d DCA 2005), this court held that consecutive sentences were permitted where the evidence showed that Hargrove had fired his weapon at each of two occupants of a vehicle, wounding one. In Irizarry v. State, 946 So. 2d 555 (Fla. 5th DCA 2007)…
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Valentin v. State, 963 So. 2d 317 (Fla. 5th DCA 2007)…eapon.”); State v. Thomas, 487 So. 2d 1043 (Fla.1986) (approving stacking of two firearm mandatory minimum terms where defendant shot one victim and shot at, but missed, another); Goree v. State, 911 So. 2d 129 (Fla. 3d DCA 2005); Hargrove v. State, 905 So. 2d 275, 276 (Fla. 2d DCA 2005) (upholding consecutive twenty-year minimum mandatory sentences for two counts of attempted first-degree murder with a firearm where defendant stepped in front of vehicle containing two occupants, shot driver and, as driver at…
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Jamarr Lanard Scott v. State, 42 So. 3d 923 (Fla. 2d DCA 2010)…ous aggravated assault on a witness justified the imposition of consecutive mandatory minimum sentences); Thomas, 487 So. 2d at 1044 (stacking approved where the defendant shot one victim and shot at, but missed, a second victim); Hargrove v. State, 905 So. 2d 275, 276 (Fla. 2d DCA 2005) (stacking of mandatory minimum sentences approved where the defendant shot the driver of a car and shot at a passenger but missed). In Lifred v. State, 643 So. 2d 94 (Fla. 4th DCA 1994) (en banc), the Fourth District, in an…
Authorities Cited
- State v. Christian, 692 So. 2d 889 (Fla. 1997)
- State v. Sousa, 903 So. 2d 923 (Fla. 2005)
- Sousa v. State, 868 So. 2d 538 (Fla. 2d DCA 2003)