GEORGE PRINCE, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2024-06-28
No. 2023-2147
Borello, J., Edwards, C.J., Jay, J., Pratt, J.
2024 FL 7912 Florida District Court of Appeal, Fifth District (2024)

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Holding

Appellant's convictions for two counts of first-degree murder and consecutive mandatory life sentences are affirmed, but the final judgment must be corrected to remove firearm enhancements that lacked proper special findings or allegations.

Headnotes

[1] A firearm enhancement under Florida Statutes section 775.087(2)(a)3 cannot be applied to a murder conviction without a special finding regarding the firearm, and cannot b…

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Facts & Procedural History

George Prince Jr. shot an unarmed pregnant woman multiple times with a pistol, killing her at the scene. The woman's nearly full-term baby was deliver…

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Topics
Appellate Review Of Criminal Convictions Criminal Conviction Anders Appeal First Degree Murder

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Per_curiam
Per Curiam

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D2023-2147 LT Case No. 2021-CF-012255-A _____________________________

GEORGE PRINCE, JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Duval County. Mark Borello, Judge.

Matthew J. Metz, Public Defender, and Zachary Wiseman, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Adam B. Wilson, Assistant Attorney General, Tallahassee, for Appellee.

June 28, 2024

PER CURIAM.

This is an Anders1 appeal. Appellant, George Prince, Jr., was found guilty of two counts of first-degree murder. He shot an unarmed pregnant woman several times with a pistol, killing her

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Footnotes
1 Anders v. California, 386 U.S. 738 (1967).
2 at the scene. Her nearly full-term baby was delivered by emergency c-section, but ultimately died. Appellant had also been charged with possession of a firearm by a convicted felon, but the State dismissed that charge after obtaining these two guilty verdicts. Our review of the record reveals no error leading to his convictions, which are hereby affirmed. Appellant was given consecutive, mandatory life-in-prison sentences on the two murder convictions, for which we find no error and affirm. We remand for entry of a corrected final judgment that makes no mention of any firearm enhancements of the sentences. The current final judgment cites a firearm enhancement under section 775.087(2)(a)3., Florida Statutes, for both counts, which was improper as there was no special finding regarding a firearm as to the first count and the second count made no allegation of a firearm enhancement. AFFIRMED, REMANDED for entry of a corrected final judgment. EDWARDS, C.J., and JAY and PRATT, JJ., concur.

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