JOHNNIE F. HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the reclassification of aggravated battery to a first-degree felony due to the use of a deadly weapon was appropriate and mandatory, making the thirty-year sentence legal.
Appellant was convicted of aggravated battery, with the jury finding the use of a deadly weapon. The trial court reclassified the felony from second-d…
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Johnnie F. Howard appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Howard claims that his aggravated battery conviction was improperly reclassified from a second-degree felony to a first-degree felony on account of the use of a deadly weapon. Howard also claims that his prison releasee reof-fender (PRR) sentence of thirty years in prison is illegal as exceeding the statutory maximum sentence for a second-degree felony.
The jury in its verdict made a finding that Howard’s aggravated battery involved both great bodily harm and the use of a deadly weapon. The information contained these necessary allegations. There was no requirement, as Howard asserts, for the information to contain a citation to the weapons enhancement statute. See Pitts v. State, 832 So.2d 260 (Fla. 2d DCA 2002). The verdict form also shows that the jury could have chosen the lesser included offenses of aggravated battery due to great bodily harm, aggravated battery due to the use of a deadly weapon, or simple battery.
In light of these circumstances, reclassification of Howard’s aggravated battery from a second-degree felony to a first-degree felony by the sentencing judge was both appropriate and mandatory. See Lareau v. State, 573 So.2d 813 (Fla.1991); Collins v. State, 800 So.2d 660 (Fla. 2d DCA 2001).- Consequently, the imposed PRR sentence of thirty years in prison is not illegal as Howard claims. Accordingly, *968the denial order of the postconviction court is affirmed.
WHATLEY, SALCINES, and KELLY, JJ., Concur.
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Collins v. State, 266 So. 3d 170 (Fla. 2d DCA 2019)…inez v. State, 211 So. 3d 989 (Fla. 2017); Tucker v. State, 726 So. 2d 768 (Fla. 1999); Collins v. State, 174 So. 3d 1002 (Fla. 2d DCA 2015) (table decision); Collins v. State, 121 So. 3d 1043 (Fla. 2d DCA 2012) (table decision); Howard v. State, 11 So. 3d 967 (Fla. 2d DCA 2008); Pratte v. State, 946 So. 2d 1184 (Fla. 2d DCA 2006); Daniel v. State, 935 So. 2d 1240 (Fla. 2d DCA 2006); Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000); Lane v. State,…
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Simmons v. State, 139 So. 3d 443 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See Howard v. State, 11 So. 3d 967 (Fla. 2d DCA 2008); State v. Richards, 639 So. 2d 680 (Fla. 2d DCA 1994). DAVIS, C.J., and CRENSHAW and BLACK, JJ., Concur.…
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Kendrick Lovett v. State, 141 So. 3d 629 (Fla. 2d DCA 2014)…PER CURIAM. Affirmed. See Howard v. State, 11 So. 3d 967 (Fla. 2d DCA 2008); Tillman v. State, 900 So. 2d 633 (Fla. 2d DCA 2005); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Dinkens v. State, 976 So. 2d [*630] 660 (Fla. 1st DCA 2008); Luton v. State, 934 So. 2d 7 (Fla. 3d DCA 2006). NORTHCUT…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hervey Lareau v. State, 573 So. 2d 813 (Fla. 1991)
- Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001)
- Pitts v. State, 832 So. 2d 260 (Fla. 2d DCA 2002)