CARLOS E. TORRES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court affirmed Torres's convictions for attempted second-degree murder but reversed and remanded the sentencing on count two to correct the minimum mandatory sentence from thirty years to twenty years, as the thirty-year sentence applied only when great bodily injury was inflicted.
The minimum mandatory sentence for attempted second-degree murder without great bodily injury is twenty years, not thirty years.
[1] The minimum mandatory sentence for attempted second-degree murder is thirty years when great bodily injury is inflicted and twenty years when no great bodily injury occur…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceTorres was convicted of two counts of attempted second-degree murder: count one involved shooting a victim who suffered great bodily harm, and count t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Great Bodily Harm cases and more on FLexlaw
Appellant, Carlos Torres, was convicted of two counts of attempted second-degree murder. As to count one, the jury found that Torres discharged a firearm and inflicted great bodily harm on the victim who was shot when Torres fired the gun at her. As to count two, the jury found that Torres discharged a firearm when he shot at a second victim (that victim was not injured). He was sentenced to concurrent thirty-year minimum mandatory sentences for each count. Torres appeals his convictions and the thirty-year minimum mandatory sentence he received for count two, contending that the correct minimum sentence is twenty years in prison for that count.
We affirm the convictions without further discussion. As to the sentencing error regarding count two, the State concedes that the correct minimum mandatory sentence is twenty years, just as Torres contends. We note that the thirty-year sentence is correct for count one because the jury found that great bodily injury was inflicted by the gunshot wound the victim suffered when she was shot by Torres. Accordingly, we reverse the sentence regarding count two and remand for imposition of the correct minimum mandatory sentence of twenty years in prison. Because of the thirty-year sentence imposed for count one, correction of the sentence for count two will not affect the term of imprisonment, so it will not be necessary for Torres to be present at resentencing. See Johnson v. State, 899 So.2d 1283 (Fla. 5th DCA 2005).
AFFIRMED in part; REVERSED in part; REMANDED.
SAWAYA, COHEN and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. State, 899 So. 2d 1283 (Fla. 5th DCA 2005)
- Stephen D. Plichta, Jr., M.D. v. Plichta, 899 So. 2d 1283 (Fla. 2d DCA 2005)