Jackson v. State, 4D01-1275.
| Decision Date | 27 August 2003 |
| Docket Number | No. 4D01-1275.,4D01-1275. |
| Citation | 852 So.2d 941 |
| Parties | Sheron JACKSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
ON APPELLEE'S MOTION FOR REHEARING, REHEARING EN BANC, OR CERTIFIED QUESTION
We withdraw our previously issued slip opinion (June 11, 2003), correct two scrivener's errors in that opinion, certify conflict, but otherwise deny rehearing, rehearing en banc, or certified question. We substitute the following opinion:
Sheron Jackson pled no contest to eight counts in connection with criminal acts committed on July 18 and 25 of 1999: grand theft of a firearm (I); grand theft of a motor vehicle (II); armed burglary of a conveyance (III); attempted first-degree murder (IV); attempted first-degree murder (V); robbery with a deadly weapon, firearm (VI); attempted felony murder (VII); and attempted felony murder (VIII). This appeal solely concerns Jackson's challenge to the sentence received on Count VI, robbery with a deadly weapon, firearm. While this appeal was pending, Jackson filed a Motion to Correct Sentencing Error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), which was denied. We agree with Jackson that reversal is mandated on his sentence for Count VI due to defects in the information.
In pertinent part, Count VI of the information alleged:
[On] July 25, 1999 Sharon [sic] Jackson did take certain property, to-wit: keys, from the person or custody of [victims], with the intent to permanently or temporarily deprive the said person or owner of the property, and in the course of the taking there was the use of force, violence, assault, or putting in fear, and in the course of committing the robbery carried a firearm, in violation of Florida Statutes 812.13(1) and 812.13(2)(a).
Trial commenced on February 19, 2001. Jackson was represented by an Assistant Public Defender. On the second day of trial, after a number of State witnesses had testified, Jackson stated he wanted to end the proceedings by withdrawing his previously entered not guilty plea and entering a plea of no contest to all of the charges. The following colloquy then ensued:
Defense counsel admitted there was a sufficient factual basis as contained in affidavit and the evidence at trial to support a plea of no contest to the charges, and the plea was accepted by the court. The court noted it had not anticipated the entry of a plea that day, and stated it would give the parties three weeks until sentencing in order to research the applicable minimum mandatory sentences.
The parties reconvened for sentencing on March 21, 2001. The prosecutor stated the State would not be seeking minimum mandatory sentences on any of the counts except Count VI, since none of the other counts referenced the possession or usage of a firearm as grounds for enhancement. The following colloquy regarding Count VI then ensued:
The court then gave Jackson an oath and asked him the following:
The written plea petition was subsequently amended to provide Jackson had pled no contest Jackson was sentenced to Life on Count VI with a minimum mandatory sentence of 25 years. Jackson's Motion to Correct Sentencing Error pending appeal was denied and this matter is now before this court.
Jackson contends the crime to which he pled no contest was improperly reclassified under section 775.087(2)(a)3, Florida Statutes, even though all of the essential elements enunciated in that statute had not been pled in the information. We agree. Section 775.087(2)(a), Florida Statutes, the "10-20-Life" statute, provides for the enhancement of a crime where a firearm is possessed or used during the commission of certain enumerated crimes. In order to reclassify a crime under 10-20-Life, the grounds for enhancement must be charged in the information. See Gibbs v. State, 623 So.2d 551, 554-55 (Fla. 4th DCA 1993)
. Here, Jackson was sentenced pursuant to section 775.087(2)(a)3, Florida Statutes (1999), which provides:
Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraph(a)1.a.-q., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a "firearm" or "destructive device" as define in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon the person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25...
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