Johnson v. State
| Decision Date | 26 August 2009 |
| Docket Number | No. 4D09-259.,4D09-259. |
| Citation | 17 So.3d 847 |
| Parties | Brenton JOHNSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 03-1112 CFA.
Brenton Johnson, Indiantown, pro se.
Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
The defendant below appeals the circuit court's summary denial of his motion for postconviction relief. We reverse only as to the defendant's claim that on count two, attempted robbery with a deadly weapon, a second-degree felony, his sentence to life in prison with a twenty-five year mandatory minimum is illegal.
In denying the defendant's claim, the circuit court stated that the imposition of the life sentence on the second-degree felony was the result of the mandatory sentencing of the 10-20-Life statute, section 775.087(2)(a)3., Florida Statutes (2003), because the defendant discharged a firearm. However, this court disapproved of that reasoning in Collazo v. State, 966 So.2d 429 (Fla. 4th DCA 2007). We held, pursuant to section 775.087(2)(c), Florida Statutes (2004), because the statutory maximum applicable to a defendant charged with a second-degree felony of fifteen years is less than the mandatory minimum of twenty-five years, a court may impose only that mandatory minimum. 966 So.2d at 431; § 775.087(2)(c), Fla. Stat. (2004) ().
Collazo applies here. We reverse and remand for re-sentencing of the defendant on count two to the mandatory minimum of twenty-five years. On all other grounds, we affirm.
Affirmed in part, reversed in part, and remanded.
To continue reading
Request your trial
-
Mendenhall v. State
...DCA 2007),Thurston v. State, 984 So.2d 1290 (Fla. 4th DCA 2008), Leary v. State, 980 So.2d 622 (Fla. 4th DCA 2008), and Johnson v. State, 17 So.3d 847 (Fla. 4th DCA 2009), to the extent that those decisions hold that section 775.087(2)(a)(3) does not vest discretion in the trial judge to im......
-
Valle v. Fla. Dep't of Corr
... ... at 8. The trial court ... held an evidentiary hearing on the Motion to Suppress on ... March 31, 2008. Id ... At the hearing, the State first ... called Detective Spitler. ECF No. [13-3] at 14:22-15:1 ... Detective Spitler testified that in August 2005, he was ... investigation, ” and as such constitutes interrogation ... Id. at 845 (quoting United States v ... Johnson , 812 F.2d 1329, 1331 (11th Cir. 1986)). Because ... Detective Arango's statement regarding his conversation ... with Del Valle's ... ...
-
Booth v. State
...in Collazo v. State, 966 So.2d 429 (Fla. 4th DCA 2007) and with three other Fourth District cases applying Collazo. See Johnson v. State, 17 So.3d 847 (Fla. 4th DCA 2009); Thurston v. State, 984 So.2d 1290 (Fla. 4th DCA 2008); Leary v. State, 980 So.2d 622 (Fla. 4th DCA 2008). Mendenhall al......
- Del Valle v. State
-
Judgment and sentence
...minimum under the 10-20-Life law for an F2 (attempted armed robbery), the court can impose only the 25-year mandatory. Johnson v. State, 17 So. 3d 847 (Fla. 2009) The information does not need to reference §775.987 to obtain firearm mandatories so long as the information alleges that the cr......