Maynoldi v. State, 84-50

Decision Date02 October 1984
Docket NumberNo. 84-50,84-50
PartiesRaul MAYNOLDI, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Albert P. Rosillo, for appellant.

Jim Smith, Atty. Gen. and Renee E. Ruska, Asst. Atty. Gen., for appellee.



We reject Maynoldi's claim that the evidence is insufficient to support his convictions for the crimes of second-degree murder and attempted second-degree murder. We also conclude that the trial court properly imposed a thirty-year sentence on the second-degree murder conviction because (1) by virtue of the defendant's use of a firearm in the killing, the offense was reclassified to a life felony, see § 775.087(1)(a), Fla.Stat. (1981), punishable by imprisonment for life or for a term of years not less than thirty, see § 775.082(3)(a), Fla.Stat. (1981); and (2) as the Rules of Criminal Procedure expressly provide, this mandatory sentence, being greater than the sentence calculated under the sentencing guidelines, takes precedence over any suggested guideline sentence, see Fla.R.Cr.P. 3.701(d)(9).


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2 cases
  • Mischler v. State
    • United States
    • Florida District Court of Appeals
    • October 17, 1984
    ...v. State, 454 So.2d 691 (Fla. 1st DCA 1984). Statutory mandatory minimum sentence takes precedence over guidelines Maynoldi v. State, 456 So.2d 587 (Fla. 3d DCA 1984). ...
  • Wilson v. State
    • United States
    • Florida District Court of Appeals
    • March 11, 2005
    ...2000); Goutier v. State, 692 So.2d 978 (Fla. 2d DCA 1997); Harris v. State, 660 So.2d 409, 410 (Fla. 4th DCA 1995); Maynoldi v. State, 456 So.2d 587, 588 (Fla. 3d DCA 1984). Where the sentence imposed exceeds the 30-year maximum sentence for a first-degree felony, as outlined in section 775......

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