JERRY THOMAS BAKER v. THE STATE OF FLORIDA

Third District Court of Appeal
State of Florida
Opinion filed May 26, 2021.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-869
Lower Tribunal No. 95-CF-936-A-K
________________
Jerry Thomas Baker,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Monroe County, Mark Wilson, Judge.
Jerry Thomas Baker, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, C.J., and HENDON and MILLER, JJ.
PER CURIAM.
Affirmed. See § 812.13(2)(a), Fla. Stat. (1995) (providing: “If in the
course of committing the robbery the offender carried a firearm or other
deadly weapon, then the robbery is a felony of the first degree, punishable
by imprisonment for a term of years not exceeding life imprisonment . . .”);
Brown v. State, 458 So. 2d 313, 314 (Fla. 5th DCA 1984) (noting that the
crime of armed robbery “is already an enhanced charge under the robbery
statute” because the legislature added, as an essential element, the carrying
of a firearm or other deadly weapon, and made such crime a first-degree
felony punishable by life). See also Jackson v. State, 175 So. 3d 368 (Fla.
3d DCA 2015) (holding that, because defendant was charged with and
convicted of a first-degree felony punishable by life, in which a firearm or
weapon was an essential element of the offense, the life sentence imposed
was lawful without regard to, or reliance on, reclassification or enhancement
statutes).
2