Jones v. State, No. 88-2016

CourtCourt of Appeal of Florida (US)
Writing for the CourtJOANOS
Citation546 So.2d 1134,14 Fla. L. Weekly 1724
Parties14 Fla. L. Weekly 1724 Samuel Laray JONES, Appellant, v. STATE of Florida, Appellee.
Decision Date21 July 1989
Docket NumberNo. 88-2016

Page 1134

546 So.2d 1134
14 Fla. L. Weekly 1724
Samuel Laray JONES, Appellant,
v.
STATE of Florida, Appellee.
No. 88-2016.
District Court of Appeal of Florida,
First District.
July 21, 1989.

Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Judge.

Jones has appealed the sentence imposed after his re-trial pursuant to this court's mandate in Jones v. State, 522 So.2d 981 (Fla. 1st DCA 1988). We affirm in part and reverse in part.

Jones was convicted after re-trial of armed robbery, armed burglary and two counts of armed kidnapping. The facts underlying these convictions show that Jones, with others, entered the premises of a food supply business, where he confined two employees in a freezer. One employee was left in the freezer while the other was forced to load food into a truck and drive it to a different location, where he was held for a few hours then released.

After his conviction on the foregoing charges, a guidelines scoresheet was prepared using kidnapping as the "primary offense at conviction." Pursuant to Section 775.087(1)(a), Florida Statutes, whenever a person is charged with a felony and during the commission thereof carries, displays, uses, threatens or attempts to use any weapon or firearm, the felony with which the person is charged shall be reclassified, in the case of a felony of the first degree, to a life felony. Kidnapping is a first degree felony punishable by life and, pursuant to the foregoing provision, was scored as a life felony.

Section 775.087(2)(a), Florida Statutes, states in pertinent part that any person who is convicted of kidnapping and who had in his possession a firearm shall be sentenced to a minimum term of imprisonment of three years. The trial court herein imposed this minimum mandatory sentence

Page 1135

with regard to each count of kidnapping, to run consecutively.

With regard to the reclassification of the first degree felonies of kidnapping to life felonies, Jones argues that kidnapping is not a first degree felony, but a distinct classification of felony which he terms "first degree punishable by life." Jones contends that, because Section 775.087(1)(a) does not provide for reclassification of a "first degree felony punishable by life," the reclassification herein was error. We disagree.

Section 787.01(2), Florida Statutes,...

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5 practice notes
  • Jones v. State, No. 92-437
    • United States
    • Court of Appeal of Florida (US)
    • 25 Junio 1992
    ...983. Upon retrial, appellant again was convicted, and appealed the second conviction, raising two sentencing issues. See Jones v. State, 546 So.2d 1134 (Fla. 1st DCA 1989) (Jones II ). In Jones II, the court reversed in part, and remanded for correction of the stacked minimum mandatory sent......
  • Burdick v. State, No. 90-619
    • United States
    • Court of Appeal of Florida (US)
    • 25 Julio 1991
    ...when specifically provided by statute, by imprisonment of a term of years not exceeding life imprisonment[.]" See also Jones v. State, 546 So.2d 1134, 1135 (Fla. 1st DCA 1989). When the 1971 legislative session enacted in the same legislative act 1 section 775.082, establishing penalties fo......
  • Williams v. State, No. 5D01-496.
    • United States
    • Court of Appeal of Florida (US)
    • 18 Enero 2002
    ...mandatory minimum sentences improper because the crimes occurred during a single criminal episode. Id. at 749. See also Jones v. State, 546 So.2d 1134 (Fla. 1st DCA We find that the offenses in this case, as in Durr and Preyer, were committed during the same criminal episode. Accordingly, w......
  • Burdick v. State, No. 78466
    • United States
    • United States State Supreme Court of Florida
    • 6 Febrero 1992
    ...Fla.Stat. (1989). There is no separate classification for first-degree felonies punishable by life imprisonment. See Jones v. State, 546 So.2d 1134, 1135 (Fla. 1st DCA 1989) ("It is clear that there is no distinct felony classification of 'first degree punishable by life,' but only a Page 2......
  • Request a trial to view additional results
5 cases
  • Jones v. State, No. 92-437
    • United States
    • Court of Appeal of Florida (US)
    • 25 Junio 1992
    ...983. Upon retrial, appellant again was convicted, and appealed the second conviction, raising two sentencing issues. See Jones v. State, 546 So.2d 1134 (Fla. 1st DCA 1989) (Jones II ). In Jones II, the court reversed in part, and remanded for correction of the stacked minimum mandatory sent......
  • Burdick v. State, No. 90-619
    • United States
    • Court of Appeal of Florida (US)
    • 25 Julio 1991
    ...when specifically provided by statute, by imprisonment of a term of years not exceeding life imprisonment[.]" See also Jones v. State, 546 So.2d 1134, 1135 (Fla. 1st DCA 1989). When the 1971 legislative session enacted in the same legislative act 1 section 775.082, establishing penalties fo......
  • Williams v. State, No. 5D01-496.
    • United States
    • Court of Appeal of Florida (US)
    • 18 Enero 2002
    ...mandatory minimum sentences improper because the crimes occurred during a single criminal episode. Id. at 749. See also Jones v. State, 546 So.2d 1134 (Fla. 1st DCA We find that the offenses in this case, as in Durr and Preyer, were committed during the same criminal episode. Accordingly, w......
  • Burdick v. State, No. 78466
    • United States
    • United States State Supreme Court of Florida
    • 6 Febrero 1992
    ...Fla.Stat. (1989). There is no separate classification for first-degree felonies punishable by life imprisonment. See Jones v. State, 546 So.2d 1134, 1135 (Fla. 1st DCA 1989) ("It is clear that there is no distinct felony classification of 'first degree punishable by life,' but only a Page 2......
  • Request a trial to view additional results

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