TERRY COLLINS
v.
STATE OF FLORIDA
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The judgment of the circuit court is affirmed.
Terry Collins appealed a decision from the Circuit Court for Hillsborough County in a proceeding before Judge Mark R. Wolfe.…
The full statement of facts, procedural history, and disposition for this case are member content.
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Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Mark R. Wolfe, Judge.
Terry Collins, pro se.
PER CURIAM.
Affirmed. See Martinez 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, 996 So. 2d 226 (Fla. 4th DCA 2008).
CASANUEVA, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur.
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Amos Bienaime v. State, 213 So. 3d 927 (Fla. 4th DCA 2017)…vo review.”). To pursue an enhanced mandatory sentence as the 10-20-Life statute proscribes, the state must allege the grounds for enhancement in the charging document, and the jury must make factual findings regarding those grounds. Lane v. State, 996 So. 2d 226, 227 (Fla. 4th DCA 2008). The state’s failure to allege grounds for enhancement in the charging document cannot be cured by a jury’s factual findings. Altieri v. State, 835 So. 2d 1181, 1183 (Fla. 4th DCA 2002). The state also cannot rely on grounds…
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Martinez v. State, 169 So. 3d 170 (Fla. 4th DCA 2015)…have held that the allegation of ''carrying” a firearm is insufficient to impose a twenty-year mandatory minimum sentence for discharging a firearm regardless of a jury finding that the defendant discharged the gun. See, e.g., Lane v. State, [*172] 996 So. 2d 226, 227 (Fla. 4th DCA 2008); Inmon v. State, 932 So. 2d 518, 520 (Fla. 4th DCA 2006).…1 / 2
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Solomon v. State, 254 So. 3d 1121 (Fla. 5th DCA 2018)…0-20-Life statute, "the state must allege the grounds for the enhancement in the charging document, and the jury must make factual findings regarding those grounds." Bienaime v. State , 213 So. 3d 927, 929 (Fla. 4th DCA 2017) (citing Lane v. State , 996 So. 2d 226, 227 (Fla. 4th DCA 2008) ). In the present case, the allegations contained in this count of the indictment merely state that in the course of committing the robbery, Solomon or an accomplice carried a firearm. Although the indictment did allege in c…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000)
- Tucker v. State, 726 So. 2d 768 (Fla. 1999)
- Martinez v. State, 211 So. 3d 989 (Fla. 2017)
- Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001)
- Daniel v. State, 935 So. 2d 1240 (Fla. 2d DCA 2006)
- Weaver v. Sch. Bd. OF Leon Cnty., 946 So. 2d 1184 (Fla. 1st DCA 2006)
- Howard v. State, 11 So. 3d 967 (Fla. 2d DCA 2008)
- Glover v. State, 996 So. 2d 226 (Fla. 1st DCA 2008)