DARRIUS PRINCE ALEXANDER HEPBURN
v.
STATE OF FLORIDA
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Darrius Prince Alexander Hepburn appealed his conviction and sentence for aggravated battery with great bodily harm. The Florida District Court of Appeal affirmed both the conviction and the sentence, rejecting challenges to the offense reclassification and imposition of prosecution costs.
The court affirmed the conviction and sentence. The reclassification from second-degree to first-degree felony was proper under the applicable statute and supporting precedent. The imposition of prosecution costs was proper even without an explicit state request.
[1] A conviction and sentence for aggravated battery with great bodily harm will be affirmed when the appellate court finds no reversible error at trial.
[2] A trial court does not err in reclassifying an offense from a second-degree felony to a first-degree felony pursuant to section 775.087(1), Florida Statutes, when support…
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Join FLexlaw to unlock all legal intelligence“Darrius Prince Alexander Hepburn appeals his conviction and sentence for aggravated battery with great bodily harm. Regarding the alleged errors at trial, we find no reversible error and affirm.”
The court's direct affirmation of the conviction and sentence following review of trial errors.
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Join FLexlaw to unlock all legal intelligenceHepburn was convicted of aggravated battery with great bodily harm. The trial court reclassified the offense from a second-degree felony to a first-de…
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June 5, 2024 PER CURIAM.
Darrius Prince Alexander Hepburn appeals his conviction and sentence for aggravated battery with great bodily harm. Regarding the alleged errors at trial, we find no reversible error and affirm.*
* We reject Hepburn’s reliance on Cabral v. State, 944 So. 2d 1026 (Fla. 1st DCA 2006), for the same reason we rejected the same argument in Jones.
Hepburn filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(b), raising two challenges to his sentence. First, Hepburn claims that the trial court erred in reclassifying his offense from a second-degree felony to a first-degree felony pursuant to section 775.087(1), Florida Statutes. The trial court denied the claim under the authority of Perry v. State, 313 So. 3d 961 (Fla. 1st DCA 2021); Jones v. State, 279 So. 3d 84 (Fla. 1st DCA 2019); and Hurry v. State, 978 So. 2d 854 (Fla. 1st DCA 2008). We agree with the trial court and affirm.
Second, Hepburn claims that the court erroneously imposed costs of prosecution under section 938.27(8), Florida Statutes, because the State did not request imposition of such costs. We rejected this argument in Parks v. State, 371 So. 3d 392 (Fla. 1st DCA 2023), review granted, No. SC2023-1355, 2024 WL 370043 (Fla. Jan. 31, 2024), and reject it here for the same reasons.
AFFIRMED. KELSEY, WINOKUR, and NORDBY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Swearengin v. State (Fla. 1st DCA 2023)
- Cleveland v. State (Fla. 1st DCA 2024)
- Hurry v. State, 978 So. 2d 854 (Fla. 1st DCA 2008)