MANUEL J. AROCHE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Defendant-appellant Aroche maintains that counts five and six, second-degree felony murder, should not have been enhanced to life felonies on account of possession of a weapon or firearm. See § 775.087, Fla. Stat. (1993). Assuming no procedural bar, but see Chanquet v. State, 646 So.2d 834 (Fla. 3d DCA 1994), the rules have changed. The defendant relies on State v. Overfelt, 457 So.2d 1385 (Fla.1984), and its progeny. However, in 2007, the Supreme Court announced Galindez v. State, 955 So.2d 517, 522-23 (Fla.2007), which holds that where an interrogatory verdict is insufficient under Overfelt, the error is subject to harmless error analysis. Having taken judicial notice of the briefs from the defendant’s direct appeal of judgment and sentence, there was evidence before the jury that the defendant was in possession of a weapon during the charged crimes. The defendant’s claims were properly denied.
Affirmed.
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Citator
Cited By
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State v. Newman, 104 So. 3d 1180 (Fla. 2d DCA 2012)…is a rebuttable presumption that prejudice exists, see State v. Hamilton, 574 So. 2d 124, 130 (Fla.1991), the mere presence of unauthorized material in the jury room is not per se reversible error, id. at 126-28 (compiling cases); Tapones v. State, 43 So. 3d 159, 162 (Fla. 4th DCA 2010). In this case, the juror in question contacted the presiding trial judge’s office approximately four months after the jury convicted Mr. Newman. The juror expressed concern that the jury had not followed the law. The trial…
Authorities Cited
- State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)
- Galindez v. State, 955 So. 2d 517 (Fla. 2007)
- Chanquet v. State, 646 So. 2d 834 (Fla. 3d DCA 1994)