JERRY THOMAS BAKER
v.
THE STATE OF FLORIDA
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A life sentence for armed robbery under Florida Statute § 812.13(2)(a) is lawful because the statute inherently classifies armed robbery as a first-degree felony with the carrying of a firearm or deadly weapon as an essential element of the offense.
[1] Under Florida Statute § 812.13(2)(a), armed robbery is statutorily classified as a first-degree felony with the carrying of a firearm or other deadly weapon as an essenti…
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 intelligence“the crime of armed robbery is already an enhanced charge under the robbery statute because the legislature added, as an essential element, the carrying of a firearm or other deadly weapon, and made such crime a first-degree felony punishable by life”
Brown v. State, quoted in the opinion discussing the nature of armed robbery as a statutory enhancement
Jerry Thomas Baker was convicted of armed robbery in Monroe County Circuit Court. He appealed his sentence.…
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PER CURIAM.
Affirmed. See § 812.13(2)(a), Fla. Stat. (1995) (providing: “If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment . . .”);
Brown v. State, 458 So. 2d 313, 314 (Fla. 5th DCA 1984) (noting that the crime of armed robbery “is already an enhanced charge under the robbery statute” because the legislature added, as an essential element, the carrying of a firearm or other deadly weapon, and made such crime a first-degree felony punishable by life). See also Jackson v. State, 175 So. 3d 368 (Fla. 3d DCA 2015) (holding that, because defendant was charged with and convicted of a first-degree felony punishable by life, in which a firearm or weapon was an essential element of the offense, the life sentence imposed was lawful without regard to, or reliance on, reclassification or enhancement statutes).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brown v. State, 458 So. 2d 313 (Fla. 5th DCA 1984)
- Jackson v. State, 175 So. 3d 368 (Fla. 3d DCA 2015)