Walters v. State , 229 So. 3d 444 ( 2017 )


Menu:
  • PER CURIAM

    Appellant filed a rulé1 3.800(a) motion raising' several arguments challenging the legality of his sentences fdr possession of a firearm by a convicted felon and aggravated assault with possession and discharge of á firearm. We affirm the trial court’s conclusion that the sentences are legal, but write to note that the twenty-year sentence for the aggravated assault is legal because of the minimum-mandatory sentence provision of section 775,087(2)(a)2., Florida Statutes (2010). The offense is not subject to reclassification pursuant to section 775.087(1) because a firearm is an essential element of aggravated assault. See § 784.021(1)(a). See Patterson v. State, 693 So.2d 74 (Fla. 1st DCA 1997).

    AFFIRMED.

    LEWIS, KELSEY, and M.K. THOMAS, JJ„ CONCUR.

Document Info

Docket Number: CASE NO. 1D17-3209

Citation Numbers: 229 So. 3d 444

Judges: Kelsey, Lewis, Thomas

Filed Date: 10/31/2017

Precedential Status: Precedential

Modified Date: 10/18/2024