SAMUEL WOODEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Samuel Wooden appeals his 50-year sentence for attempted second-degree murder with a firearm. The court held that while a minimum mandatory sentence of 25 years was proper under Florida's firearm enhancement statutes, the total sentence cannot exceed the 30-year maximum penalty for a first-degree felony, requiring remand for resentencing.
The 50-year sentence exceeds the statutory maximum penalty. Although the minimum mandatory range is 25 years to life under the great bodily harm enhancement, once a first-degree felony classification applies due to firearm use, the maximum sentence cannot exceed 30 years under section 775.082(3)(b).
[1] When a second-degree felony is committed with a firearm, it is reclassified to a first-degree felony with a statutory maximum sentence of thirty years.
[2] A minimum mandatory sentence imposed under section 775.087(2)(a)(3) does not create a new statutory maximum penalty for a first-degree felony.
Previewing 2 of 3 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“Attempted second degree murder is a second degree felony. See §§ 782.04(2), 777.04(4)(c), Fla. Stat. (2006). If the offense is committed with a firearm, the crime is reclassified to a first degree felony pursuant to section 775.087(l)(b), subject to a sentence not to exceed thirty years.”
Establishes the statutory framework for classifying the offense and the maximum sentence limitation
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Join FLexlaw to unlock all legal intelligenceWooden was convicted of attempted second-degree murder with a firearm. A jury found by special verdict that Wooden discharged a firearm during the cri…
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Samuel Wooden appeals an order denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Wooden was convicted of attempted second degree murder with a firearm. The jury also found by special verdict that Wooden discharged a firearm during the commission of the crime and, as a result of the discharge, great bodily harm was inflicted on the victim. He was sentenced to fifty years imprisonment with a minimum mandatory term of twenty-five years. On appeal, he contends that the fifty year sentence exceeds the statutory penalty. We agree.
Attempted second degree murder is a second degree felony. See §§ 782.04(2), 777.04(4)(c), Fla. Stat. (2006). If the offense is committed with a firearm, the crime is reclassified to a first degree felony pursuant to section 775.087(l)(b), subject to a sentence not to exceed thirty years. See § 775.082(3)(b), Fla. Stat. (2006).
Because the jury found that Wooden’s discharge of a firearm resulted in great bodily harm, the minimum mandatory range under section 775.087(2)(a)(3) was twenty-five years to life imprisonment. However, once the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first degree felony under section 775.082(3)(b). Brown v. State, 983 So.2d 706 (Fla. 5th DCA 2008). The twenty-five year to life minimum mandatory range under section 775.087(2)(a)(3) does not create a new statutory maximum penalty of life imprisonment. See Broim; Yasin v. State, 896 So.2d 875 (Fla. 5th DCA 2005).1
On remand, the trial court is directed to correct Wooden’s sentence. Wooden does not need to be present for such proceeding.
REVERSED and REMANDED.
ORFINGER and TORPY JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Cortez Hatten v. State, 203 So. 3d 142 (Fla. 2016)…25-year minimum mandatory term under the 10-20-Life statute and certifying conflict with Kelly); see also Antoine v. State, 138 So. 3d 1064, 1078 (Fla. 4th DCA 2014); Walden v. State, 121 So. 3d 660, 661 (Fla. 4th DCA 2013). [N.4] Wooden v. State, 42 So. 3d 837, 837 (Fla. 5th DCA 2010) (“[0]nce the trial court imposed the minimum mandatory sentence of twenty-five years, it could not exceed the thirty year maximum penalty for a first degree felony under section 775.082(3)(b). The twenty-five year to life mi…
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Narcisse Antoine v. State, 138 So. 3d 1064 (Fla. 4th DCA 2014)…tutory maximum for th[e] first-degree felony offense.” Walden v. State, 121 So. 3d 660 (Fla. 4th DCA 2013); see also Sheppard v. State, 113 So. 3d 148, 149 (Fla. 2d DCA 2013); McLeod v. State, 52 So. 3d 784, 786 (Fla. 5th DCA 2010); Wooden v. State, 42 So. 3d 837 (Fla. 5th DCA), rev. denied, 51 So. 3d 466 (Fla.2010). In this case, Antoine was convicted of attempted second degree murder, a second degree felony. See §§ 782.04(2), 777.04(4)(c), Fla. Stat. (2009). Because Antoine committed the offense with a fi…
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Newton W. McLEOD v. State, 52 So. 3d 784 (Fla. 5th DCA 2010)…s a first degree felony under section 775.087(l)(b) of the Florida Statutes (2007), carries a maximum sentence of 30 years under section 775.082(3)(b) of the Florida Statutes (2007). We agree, concluding that this court’s holding in Wooden v. State, 42 So. 3d 837 (Fla. 5th DCA 2010), is controlling. In Wooden, the defendant was convicted of attempted second degree murder with a firearm, and was sentenced to 50 years’ imprisonment, with a mandatory minimum term of 25 years. We reversed and remanded the defen…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mulazim M. Yasin v. State, 896 So. 2d 875 (Fla. 5th DCA 2005)
- Wendt v. La Costa Beach Resort Condo. Ass'n, Inc., 26 So. 3d 582 (Fla. 2010)
- Walker v. Walker, 983 So. 2d 706 (Fla. 5th DCA 2008)
- Mendenhall v. State, 999 So. 2d 665 (Fla. 5th DCA 2008)
- Lashawn Crawford v. State, 999 So. 2d 665 (Fla. 1st DCA 2008)