2D06-865 / Staley v. State

State: Florida

Court: Florida Southern District Court

Docket No: 2D06-865

Case Date: 08/04/2006

Plaintiff: 2D06-865 / Staley

Defendant: State

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
NEGUSSE STALEY,                                                                              )
)
Appellant,                                                                                   )
)
v.                                                                                           )   Case No. 2D06-865
)
STATE OF FLORIDA,                                                                            )
)
Appellee.                                                                                    )
)
________________________________ )
Opinion filed August 4, 2006.
Appeal pursuant to Fla. R. App. P.
9.141(b)(2) from the Circuit Court for
Pinellas County; Richard A. Luce,
Judge.
PER CURIAM.
Negusse Staley challenges the postconviction court's denial of his motion
to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a).
We reverse and remand.
Staley was charged with home invasion robbery while carrying a deadly
weapon in violation of sections 812.135 and 775.087, Florida Statutes (2000).   The jury
found Staley "guilty of home invasion robbery, as charged," and he was sentenced to

life imprisonment as a prison releasee reoffender.   In his rule 3.800(a) motion, Staley
claims his life sentence is illegal because the jury did not make a specific finding that he
used a deadly weapon.   Relying on State v. Hargrove, 694 So. 2d 729 (Fla. 1997), the
postconviction court denied the motion, finding that the verdict form constituted a clear
jury finding that Staley carried a deadly weapon during the commission of the offense.
The postconviction court's reliance on Hargrove is misplaced.   See Harvey
v. State, 865 So. 2d 518, 520 (Fla. 2d DCA 2003) ("Because the verdict form here did
not reflect the jury's factual finding that the crime was committed with a firearm, the trial
court could not enhance the degree of the crime.").   We therefore reverse the
postconviction court's order and remand for Staley's resentencing.
Reversed and remanded.
CASANUEVA, SALCINES, and WALLACE, JJ., Concur.
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