Booth v. State
| Decision Date | 18 September 2009 |
| Docket Number | No. 5D08-2132.,5D08-2132. |
| Parties | James Ray BOOTH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
v.
STATE of Florida, Appellee.
[18 So.3d 1143]
James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.
Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.
LAWSON, J.
James Ray Booth appeals his sentences on charges of third degree felony murder and aggravated assault with a firearm, alleging three errors. The State concedes error with respect to two of the issues raised. We reverse in part and affirm in part, and will address each issue in order, after explaining the two convictions and sentences.
Booth was convicted following a jury trial of third degree felony murder, which was enhanced from a second degree felony to a first degree felony based upon Booth's use of a firearm pursuant to section 775.087(1), Florida Statutes (2006). The sentencing range was further enhanced to life based upon the trial court's finding that Booth qualified as a habitual felony offender ("HFO"). See § 775.084(4)(a), Fla. Stat. (2006). Finally, Florida's 10-20-life statute1 also applied, based upon the jury's finding that Booth "actually inflicted death to [the victim], as a result of discharging a firearm in his possession." The trial court ultimately imposed a life sentence on this charge.
With respect to the aggravated assault with a firearm charge, a third degree felony, the sentencing range was again enhanced (to ten years) based upon the trial court's HFO finding. The trial court imposed a ten-year sentence on this charge, with a three-year minimum mandatory pursuant to section 775.087(2)(a)1., Florida Statutes. This sentence was imposed consecutively to the life sentence.
Booth contends, and the State concedes, that the trial judge could not legally impose consecutive HFO sentences on crimes arising from the single criminal episode alleged in the indictment, citing to Hale v. State, 630 So.2d 521 (Fla.1993). This concession was proper. See id.; Williams v. State, 10 So.3d 1116 (Fla. 5th
DCA 2009). Therefore, we reverse as to this issue, with directions that the court impose the sentences concurrently on remand.
Next, Booth argues, and the State concedes, that Booth's conviction for third degree felony murder could not be...
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Mendenhall v. State, SC09-400.
...Johnson, Thurston, and Leary in a case concerning the same issue as this case, which is pending review in this Court. See Booth v. State, 18 So.3d 1142 (Fla. 5th DCA 2009) (pending currently in this Court as Case No. SC09-1832). 4 Section 775.087(2)(a)(3) was added to the statute in 1999, w......
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Boothe v. State Of Fla., 5D09-4527.
...see sections 775.087(2)(a) 3., (2)(b), Florida Statutes, and he clearly is not entitled to any further reduction. See Booth v. State, 18 So.3d 1142 (Fla. 5th DCA 2009); Mendenhall v. State, 999 So.2d 665 (Fla. 5th DCA 2008), rev. granted, 26 So.3d 582 (Fla.2009). Accordingly, we deny the Ja......
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Muniz v. State, 5D09-1215.
...of review as to a juror's fitness is more restrictive in a rule 3.850 proceeding than on direct appeal, see Carratelli v. State, 961 18 So.3d 1142 So.2d 312 (Fla.2007),1 the circuit court's attachments to the order denying relief did not conclusively refute Muniz's claim that counsel was in......
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Judgment and sentence
...a firearm an essential element of the crime (aggravated assault with a firearm as the predicate for third-degree murder). Booth v. State, 18 So. 3d 1142 (Fla. 5th DCA 2009) A sentencing issue (whether an offense should have been reclassified) is purely an issue of law and is subject to de n......