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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