Sessions v. State, No. 90-2186

CourtCourt of Appeal of Florida (US)
Writing for the CourtBefore SCHWARTZ; SCHWARTZ; GERSTEN; HUBBART
Citation597 So.2d 832
PartiesAnthony SESSIONS, Appellant, v. The STATE of Florida, Appellee. 597 So.2d 832, 17 Fla. L. Week. D511
Decision Date18 February 1992
Docket NumberNo. 90-2186

Page 832

597 So.2d 832
Anthony SESSIONS, Appellant,
v.
The STATE of Florida, Appellee.
No. 90-2186.
597 So.2d 832, 17 Fla. L. Week. D511
District Court of Appeal of Florida,
Third District.
Feb. 18, 1992.

An Appeal from the Circuit Court for Dade County; Allen Kornblum, Judge.

Page 833

Bennett H. Brummer, Public Defender and Lydia A. Fernandez, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Jorge Espinosa, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.

SCHWARTZ, Chief Judge.

After a jury trial, the appellant was convicted of second degree murder with a firearm and possession of a firearm in the commission of the second degree murder. While the only substantive point is frivolous, two other issues require further treatment.

1. On the authority of Lamont v. State, 597 So.2d 823 (Fla. 3d DCA 1992), the life sentence without parole imposed upon Sessions for the life felony of second degree murder with a firearm is affirmed under section 775.084(4)(e), Florida Statutes (1989) of the habitual offender act. The fifteen year minimum mandatory provision is, however, vacated. See Lamont, 597 So.2d at 829. We make the same certifications of conflict as those contained in the Lamont opinion.

2. The separate judgment and sentence for possession of the firearm are set aside on the authority of Cleveland v. State, 587 So.2d 1145 (Fla.1991). Accord Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991).

Affirmed in part; reversed in part.

GERSTEN, J., concurs.

HUBBART, Judge (concurring).

I think the trial court erred in sentencing the defendant to life imprisonment without parole [with a fifteen-year mandatory minimum term] as a habitual violent felony offender under Section 775.084, Florida Statutes (1989), for the life felony of second-degree murder with a firearm; this is so because the Habitual Offender Act contains no extended terms of imprisonment for a life felony conviction as here. Accordingly, the sentence under review should be reversed and the cause remanded to the trial court with directions to resentence the defendant under the sentencing guidelines, rather than the Habitual Offender Act. This result reflects the views which I expressed in my dissenting opinion in Lamont v. State, 597 So.2d 823 (Fla. 3d DCA 1992) (case nos. 89-2917 and 90-1419, opinion filed this date) (en banc) (Hubbart, J., dissenting) and is in accord with decisions of the First, Second, Fourth and...

To continue reading

Request your trial
6 practice notes
  • Pearson v. State, No. 90-2148
    • United States
    • Court of Appeal of Florida (US)
    • August 18, 1992
    ...act, the doctrine of double jeopardy barred the later conviction. See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991); see also Perez v. State, 528 So.2d 129 (Fla. 3d DCA Additionally, we co......
  • Irving v. State, No. 92-1659
    • United States
    • Court of Appeal of Florida (US)
    • November 23, 1993
    ...1145 (Fla.1991); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992) quashed on other grounds, 616 So.2d 49 (Fla.1993); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992), quashed on other grounds, 610 So.2d 434 Accordingly, we remand Irving's conviction and sentence for unlawful possession......
  • Benedit v. State, No. 92-1329
    • United States
    • Court of Appeal of Florida (US)
    • December 22, 1992
    ...1145 (Fla.1991); Galban v. State, 605 So.2d 579 (Fla. 3d DCA1992); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA1992); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA1992); Goodman v. State, 567 So.2d 37 (Fla. 3d DCA1990); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA1988). This being so, the......
  • Young v. State, No. 91-184
    • United States
    • Court of Appeal of Florida (US)
    • June 2, 1992
    ...and sentence for use of a firearm while committing a felony. Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991). See Sec. 790.07(2), Fla.Stat. (1989). Thus, defendant's conviction and sen......
  • Request a trial to view additional results
6 cases
  • Pearson v. State, No. 90-2148
    • United States
    • Court of Appeal of Florida (US)
    • August 18, 1992
    ...act, the doctrine of double jeopardy barred the later conviction. See Cleveland v. State, 587 So.2d 1145 (Fla.1991); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991); see also Perez v. State, 528 So.2d 129 (Fla. 3d DCA Additionally, we co......
  • Irving v. State, No. 92-1659
    • United States
    • Court of Appeal of Florida (US)
    • November 23, 1993
    ...1145 (Fla.1991); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA 1992) quashed on other grounds, 616 So.2d 49 (Fla.1993); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992), quashed on other grounds, 610 So.2d 434 Accordingly, we remand Irving's conviction and sentence for unlawful possession......
  • Benedit v. State, No. 92-1329
    • United States
    • Court of Appeal of Florida (US)
    • December 22, 1992
    ...1145 (Fla.1991); Galban v. State, 605 So.2d 579 (Fla. 3d DCA1992); Pearson v. State, 603 So.2d 676 (Fla. 3d DCA1992); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA1992); Goodman v. State, 567 So.2d 37 (Fla. 3d DCA1990); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA1988). This being so, the......
  • Young v. State, No. 91-184
    • United States
    • Court of Appeal of Florida (US)
    • June 2, 1992
    ...and sentence for use of a firearm while committing a felony. Cleveland v. State, 587 So.2d 1145, 1146 (Fla.1991); Sessions v. State, 597 So.2d 832 (Fla. 3d DCA 1992); Davis v. State, 590 So.2d 496 (Fla. 3d DCA 1991). See Sec. 790.07(2), Fla.Stat. (1989). Thus, defendant's conviction and sen......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT