Henry v. State, 2D02-182.
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | FULMER. |
| Citation | 857 So.2d 344 |
| Parties | Reginald HENRY, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 2D02-182.,2D02-182. |
| Decision Date | 22 October 2003 |
857 So.2d 344
Reginald HENRY, Appellant,v.
STATE of Florida, Appellee
No. 2D02-182.
District Court of Appeal of Florida, Second District.
October 22, 2003.
James Marion Moorman, Public Defender, and Judith Ellis, Special Assistant Public Defender, Bartow, for Appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
FULMER, Judge.
Reginald Henry appeals his convictions and sentences for multiple offenses arising from his attack on several correctional officers on March 24, 2000. We affirm Henry's convictions, with the correction of a scrivener's error, but we reverse the prison
Henry was convicted and sentenced as follows: for attempted second-degree murder with a deadly weapon, a first-degree felony under sections 782.04(2), 777.04, and 775.087(1), Florida Statutes (1999), thirty years in prison as a prison releasee reoffender (PRR); for aggravated battery of a law enforcement officer, a first-degree felony under section 784.07(2)(d), Florida Statutes (1999), thirty years as a PRR; for aggravated assault on a law enforcement officer, a second-degree felony under section 784.07(2)(c), fifteen years as a PRR; for battery on a law enforcement officer, a third-degree felony under section 784.07(2)(b), five years; and for possession of contraband in a state correctional facility, a second-degree felony under section 944.47(1)(a), Florida Statutes (1999), five years. All sentences were concurrent.
Henry argues that the trial court erred by reclassifying his conviction for attempted second-degree murder from a second-degree felony to a first-degree felony based on the use of a weapon. Section 775.087(1) precludes reclassification when the use of a weapon was an essential element of the offense. Henry argues that the use of a weapon is an essential element of the crime charged because it was alleged in the information. This argument overlooks the fact that the use of a weapon was not an element until section 775.087 was triggered. Nothing in the pertinent statutes for attempted second-degree murder refers to the use of a weapon as an element of the offense. See § 782.04(2) (defining second-degree murder); § 777.04 (defining attempt); see also Goutier v. State, 692 So.2d 978 (Fla. 2d DCA 1997) (affirming classification of attempted second-degree murder with a weapon as a first-degree felony).
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Wilson v. State
...subject to an enhanced sentence not to exceed 30 years. See Miller v. State, 460 So.2d 373, 374 (Fla.1984); Henry v. State, 857 So.2d 344, 345 (Fla. 2d DCA 2003) (attempted second-degree murder is a second-degree felony, properly reclassified as a first-degree felony based on use of a weapo......
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Epps v. State, Case No. 2D03-4604 (Fla. App. 2nd Dist. 2/20/2004), Case No. 2D03-4604.
...Richard A. Luce, Judge. PER CURIAM. Affirmed. See Harvey v. State, 28 Fla. L. Weekly D2619 (Fla. 2d DCA Nov. 14, 2003); Henry v. State, 857 So. 2d 344 (Fla. 2d DCA 2003); Pitts v. State, 832 So. 2d 260 (Fla. 2d DCA 2002); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000); Mathis v. State, ......