McLaughlin v. State, No. 96-1942

CourtCourt of Appeal of Florida (US)
Writing for the CourtNESBITT
Citation698 So.2d 296
Docket NumberNo. 96-1942
Decision Date23 July 1997
Parties22 Fla. L. Weekly D1764 Daniel Marcus McLAUGHLIN, Appellant, v. The STATE of Florida, Appellee.

Page 296

698 So.2d 296
22 Fla. L. Weekly D1764
Daniel Marcus McLAUGHLIN, Appellant,
v.
The STATE of Florida, Appellee.
No. 96-1942.
District Court of Appeal of Florida,
Third District.
July 23, 1997.
Rehearing Denied Sept. 10, 1997.

Page 297

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, for appellee.

Before NESBITT, LEVY and GODERICH, JJ.

NESBITT, Judge.

United States Federal Protection Service officers Heriberto Martinez and Jack Aho were in downtown Miami when they heard shots fired. They investigated the source of the gunfire. Martinez saw the defendant, Daniel McLaughlin, with what looked like a gun sticking out of his waistband. When Martinez asked McLaughlin if he could talk to him, McLaughlin pulled out a gun, pointed it at the officer, and told him that he didn't want to talk to him. McLaughlin eventually fled, but was captured by the officers. The officers turned McLaughlin over to the City of Miami police department. Thereafter, they returned to the area where the shots were fired and recovered shell casings, which they also turned over to the Miami police.

Pursuant to a jury verdict, the trial court entered a judgment adjudicating McLaughlin guilty of: (1) two counts of aggravated assault on a law enforcement officer with a semiautomatic firearm and a high-capacity detachable box magazine; 1 (2) unlawfully discharging a firearm in public; 2 and (3) resisting an officer without violence. 3 At sentencing, McLaughlin pleaded nolo contendere to unlawful possession of a firearm by a convicted felon. 4 The trial court sentenced McLaughlin to one year and a day in state prison on that charge, and credit for time served on the resisting charge. With respect to the aggravated assaults, the trial court sentenced McLaughlin to two eight-year minimum mandatory terms pursuant to section 775.087(2), Florida Statutes (1993). The court ordered that all sentences were to be served concurrently.

McLaughlin argues on appeal that United States Federal Protection Service officers do not fall under the definition of a "law enforcement officer" for purposes of section 784.07, Florida Statutes (1995). That provision provides, among other things, that when a person is charged with knowingly committing an aggravated assault on a law enforcement officer, the offense is to be reclassified from a third degree felony to a second degree

Page 298

felony. § 784.07(2)(c), Fla. Stat. (1995). It further provides:

As used in this section, the term "law enforcement officer" includes a law enforcement officer, a correctional officer, a correctional probation officer, a part-time law enforcement officer, a part-time correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional officer, as those terms are respectively defined in Sec....

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3 practice notes
  • McFadden v. State, No. 4D08-2098.
    • United States
    • Court of Appeal of Florida (US)
    • July 15, 2009
    ...Reversed. CIKLIN, J., concurs. HAZOURI, J., specially concurs with opinion. --------------- Notes: 1. See also McLaughlin v. State, 698 So.2d 296, 298 (Fla. 3d DCA 1997) (includes is term of enlargement not of limitation); Miami Country Day School v. Bakst, 641 So.2d 467 (Fla. 3d DCA 1994) ......
  • McLaughlin v. State, No. 91488.
    • United States
    • United States State Supreme Court of Florida
    • December 17, 1998
    ...General, and Sandra S. Jaggard, Assistant Attorney General, Miami, for Respondent. SHAW, Justice. We have for review McLaughlin v. State, 698 So.2d 296 (Fla. 3d DCA 1997), based on conflict with C.L. v. State, 693 So.2d 713 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. ......
  • McLaughlin v. State
    • United States
    • United States State Supreme Court of Florida
    • December 24, 1997
    ...476 703 So.2d 476 Daniel Marcus McLaughlin v. State NO. 91,488 Supreme Court of Florida. Dec 24, 1997 Appeal From: 3d DCA, 698 So.2d 296 Disposition: Rev....
3 cases
  • McFadden v. State, No. 4D08-2098.
    • United States
    • Court of Appeal of Florida (US)
    • July 15, 2009
    ...Reversed. CIKLIN, J., concurs. HAZOURI, J., specially concurs with opinion. --------------- Notes: 1. See also McLaughlin v. State, 698 So.2d 296, 298 (Fla. 3d DCA 1997) (includes is term of enlargement not of limitation); Miami Country Day School v. Bakst, 641 So.2d 467 (Fla. 3d DCA 1994) ......
  • McLaughlin v. State, No. 91488.
    • United States
    • United States State Supreme Court of Florida
    • December 17, 1998
    ...General, and Sandra S. Jaggard, Assistant Attorney General, Miami, for Respondent. SHAW, Justice. We have for review McLaughlin v. State, 698 So.2d 296 (Fla. 3d DCA 1997), based on conflict with C.L. v. State, 693 So.2d 713 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. ......
  • McLaughlin v. State
    • United States
    • United States State Supreme Court of Florida
    • December 24, 1997
    ...476 703 So.2d 476 Daniel Marcus McLaughlin v. State NO. 91,488 Supreme Court of Florida. Dec 24, 1997 Appeal From: 3d DCA, 698 So.2d 296 Disposition: Rev....

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