RICHARD ROSS v. THE STATE OF FLORIDA

Third District Court of Appeal
State of Florida
Opinion filed February 1, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1916
Lower Tribunal No. F04-6787
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Richard Ross,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Richard Ross, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See § 812.13(2)(a), Fla. Stat. (2006) (“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 . . . .”)
(emphasis added); Brown v. State, 458 So. 2d 313, 314 (Fla. 5th DCA 1984)
(noting that 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); Jackson v. State, 175 So. 3d 368, 369–70
(Fla. 3d DCA 2015) (holding that because the 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).
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