02-1234 ADAMS V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-1234 ADAMS V. STATE

Case Date: 12/11/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

TIMOTHY ADAMS, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** LOWER ** TRIBUNAL NO. 96-10029 CASE NO. 3D02-1234

Opinion filed December 11, 2002. An appeal from the Circuit Court for Dade County, Manuel Crespo, Judge. Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellant. Richard E. Doran, Attorney General, and Richard L. Polin, Assistant Attorney General, and Joseph A. Brophy, Certified Legal Intern, for appellee.

Before COPE, GREEN and SHEVIN, JJ.

PER CURIAM. Timothy Adams appeals an amended sentencing order. We affirm.

Defendant-appellant Adams was charged with first degree murder and

other crimes. Pursuant to a plea bargain, the homicide charge was reduced to second degree murder, with the sentencing to be left up to the trial court. During the plea colloquy, the defendant was advised that on the second degree murder charge, the maximum sentence was life imprisonment as a habitual violent felony offender ("HVFO") with a mandatory minimum sentence of fifteen years. proceeding, the court imposed that sentence. On appeal, the defendant argues that the second degree murder charge should have been classified as a life felony. He makes that claim because the first degree murder charge was first degree murder with a firearm. He reasons that the reduced charge must have been second degree murder with a firearm, a life felony. See Thomas v. State, 822 So. 2d 561, 562 (Fla. 3d DCA 2002); Simmons v. State, 758 So. 2d 1270 (Fla. 3d DCA 2000). For the defendant's crime date of March 31, 1996, habitualization was not permissible for a life felony. See Salters v. State, 758 So. 2d 667 (Fla. 2000); Lamont v. State, 610 So. 2d 435 (Fla. 1992); Martin v. State, 795 So. 2d 143 (Fla. 3d DCA 2001). After review of the plea colloquy, we agree with the State that the defendant's argument is not well taken. In this case the original charge was first degree murder with a firearm. Pursuant to a plea agreement, the charge was reduced to second degree murder. The reduced charge was stated to be second degree murder in the plea colloquy, and At the sentencing

2

is so reflected on the judgment. There was no mention anywhere that the reduced charge was supposed to be second degree murder with a firearm. Second degree murder (without enhancement for a firearm) is a first degree felony punishable by life imprisonment.

Download 02-1234 ADAMS V. STATE.pdf