RICHARD ROSS
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2023-02-01
No. 22-1916
Florida District Court of Appeal, Third District (2023)

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Holding

Armed robbery under Florida Statute § 812.13(2)(a) is a first-degree felony in which carrying a firearm is an essential element, and a life sentence imposed for conviction of this offense is lawful.


Headnotes

[1] Armed robbery under Florida Statute § 812.13(2)(a), in which the carrying of a firearm is an essential element of the offense, is a first-degree felony, and a life senten…

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Key Quotes

“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”

Florida Statute § 812.13(2)(a) defining armed robbery as a first-degree felony with firearm as essential element

Facts & Procedural History

Richard Ross was convicted of armed robbery in Miami-Dade County Circuit Court. The conviction involved the carrying of a firearm during the commissio…

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Opinion of the Court

PER CURIAM.

Affirmed. See § 812.13(2)(a), Fla. Stat. (2006) (“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 . . . .”) (emphasis added); Brown v. State, 458 So. 2d 313, 314 (Fla. 5th DCA 1984) (noting that 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 firstdegree felony punishable by life); Jackson v. State, 175 So. 3d 368, 369–70 (Fla. 3d DCA 2015) (holding that because the 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).


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