STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
NEIL THOMPSON, SR., APPELLEE/CROSS-APPELLANT
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The State appealed a trial court's imposition of a three-year minimum mandatory sentence for aggravated assault with firearm discharge, arguing the court was required by law to impose a 20-year minimum mandatory sentence under Florida Statutes section 775.087(2). The appellate court agreed and reversed, holding that mandatory minimum sentencing provisions are nondiscretionary legislative requirements that trial courts cannot decline to impose.
The trial court reversibly erred by refusing to impose the 20-year minimum mandatory sentence required by law. Mandatory minimum sentencing provisions are nondiscretionary legislative requirements that trial courts lack the authority to decline to impose. The 20-year mandatory minimum sentence for aggravated assault with firearm discharge does not violate the Florida Constitution's separation of powers provision.
[1] A trial court must impose a mandatory minimum sentence when required by statute, as such sentencing is a matter of legislative prerogative.
[2] A conviction for aggravated assault with the discharge of a firearm triggers the mandatory minimum sentence provided by statute, even if the assault could have been prove…
Previewing 2 of 4 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“Whether imposition of the 20-year mandatory term would be a 'crime in itself,' as stated by the trial court, is a matter directed to the legislature.”
Establishes that sentencing decisions mandated by statute are a matter of legislative prerogative, not judicial discretion
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThompson was convicted by jury of aggravated assault with discharge of a firearm and shooting or throwing deadly missiles. Following a verbal altercat…
The full statement of facts, procedural history, and disposition for this case are member content.
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ON MOTION FOR REHEARING AND REHEARING EN BANC
This cause is before us on Appellant’s motion for rehearing and rehearing en banc filed December 31, 2008. We deny Appellant’s motion, but withdraw our former opinion of December 16, 2008, and substitute this corrected opinion in its place.
The State appeals a three-year minimum mandatory prison sentence imposed by the trial court after a jury convicted Appellee/Cross-Appellant Thompson of aggravated assault with the discharge of a firearm. Thompson was also convicted of shooting or throwing deadly missiles, based on the same act. The State contends that the trial court reversibly erred in refusing to impose the 20-year minimum mandatory sentence, as provided in section 775.087(2), Florida Statutes (2006). The State also relies on subsections 775.087(2)(a)(2)(c) and (d), which clearly provide the legislature’s intent that minimum mandatory terms be imposed for enumerated felonies involving firearms. We must agree with the State, and reverse and remand for imposition of the 20-year minimum mandatory sentence.
Thompson, relying on State v. Heisterman, argues that the aggravated assault was completed when he pointed the firearm at the victim; thus, the firearm was not discharged during the commission of the offense. 343 So.2d 1272, 1273 (Fla. 1977) (holding that the offense of assault “was proved without evidence that any shots were fired.”). However, this does not end the analysis. Although the crime of aggravated assault can be proven without evidence of a discharged firearm, the crime can also be committed by shooting a firearm. See, e.g., Chambers v. State, 880 So.2d 696 (Fla. 2d DCA 2004) (en banc) (affirming conviction of aggravated assault with discharge of a firearm where a struggle with defendant resulted in a gunshot wound to the victim).
Thompson turned down two- and three-year plea offers and elected to go to trial. At trial, the victim testified that after a verbal altercation, Thompson left the room that the victim occupied and returned with a firearm. Thompson then approached her, extended his arm toward her, and discharged the firearm. The victim testified that once she saw the gun, she was put in fear. The bullet shattered a computer screen located on a table next to the victim, causing her cuts and abrasions. Based on the incident, Thompson was charged with, and found guilty of, aggravated assault with the discharge of a firearm. As such, his reliance on Heisterman is misplaced.
We agree with the State’s argument that imposition of the 20-year minimum mandatory sentence is required by law. Whether imposition of the 20-year mandatory term would be a “crime in itself,” as stated by the trial court,1 is a matter directed to the legislature. State v. Sesler, 386 So.2d 293 (Fla. 2d DCA 1980) (holding that the trial court erred in failing to impose a mandatory minimum sentence pursuant to section 775.087(2), Florida Statutes, because the sentence was nondiscretionary and a matter of legislative prerogative). Just as the trial court *691lacked the legal authority to decline to impose the sentence required by law, we also lack the authority to reject the State’s position on appeal, regardless of any view we may have of the mandated sentence.
We further reject Thompson’s arguments regarding the constitutionality of the 20-year minimum mandatory sentence for aggravated assault involving the discharge of a firearm. Green v. State, 792 So.2d 643 (Fla. 1st DCA 2001) (holding that the “10/20/Life” statute does not violate the separation of powers provision of the State Constitution). We additionally reject Thompson’s argument in the cross-appeal without further discussion.
REVERSED and REMANDED with directions to the trial court to impose the 20-year minimum mandatory sentence for conviction of aggravated assault during which a firearm was discharged, pursuant to sections 775.087(2) and 784.021(1), Florida Statutes (2006).
LEWIS, J., and LAWRENCE, JR., L. ARTHUR, Senior Judge, concur.
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State v. Thompson, 64 So. 3d 1281 (Fla. 1st DCA 2011)…PER CURIAM. Reversed and remanded for resentenc-ing. See State v. Thompson, 4 So. 3d 689, 690 (Fla. 1st DCA 2009) (“We agree with the State’s argument that imposition of the 20-year minimum mandatory sentence is required by law. Whether imposition of the 20-year mandatory term would be a ‘crime in itself,’ as stated by the trial court,…
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Thompson v. State, 81 So. 3d 594 (Fla. 1st DCA 2012)…ment on both counts, with a three-year minimum mandatory term on count I. This Court reversed and remanded for the imposition of the statutorily mandated 20-year minimum mandatory on count I, during which a firearm was discharged. State v. Thompson, 4 So. 3d 689 (Fla. 1st DCA 2009). On remand, the lower court resen-tenced the Appellant on count I accordingly. However, the lower court also resen-tenced the Appellant to a concurrent term of five years’ imprisonment on count II. The Appellant filed the prese…
Authorities Cited
- State v. Carnell Sesler, 386 So. 2d 293 (Fla. 2d DCA 1980)
- Green v. State, 792 So. 2d 643 (Fla. 1st DCA 2001)
- State v. Heisterman, 343 So. 2d 1272 (Fla. 1977)
- Chambers v. State, 880 So. 2d 696 (Fla. 2d DCA 2004)