5D02-1194 State v. Waldron

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-1194

Case Date: 01/20/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2003

STATE OF FLORIDA, Appellant/Cross-Appellee, v. Case No. 5D02-1194 LEROY WALDRON, Appellee/Cross-Appellant. / Opinion filed January 24, 2003 Appeal from the Circuit Court for Orange County, Bob Wattles, Judge. Charlie Crist, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee. James B. Gibson, Public Defender, and Jane C. AlmyLoewinger, Assistant Public Defender, Daytona Beach, for Appellee/Cross-Appellant. COBB, W., Senior Judge. The State appeals from a sentence1 arguing that the trial court erred in imposing a sentence which is not in accordance with the 10/20/Life statute, section 775.087(2)(a)3., Florida Statutes. The defendant was found guilty of aggravated battery with a deadly weapon or causing great bodily harm with the special finding that he used a firearm and discharged said firearm

1

See Fla. R. App. P. 9.140(c)(1)(K).

resulting in death or great bodily harm to the victim. At sentencing, the scoresheet called for a sentencing range of between 51 months and 15 years. The State called the court's attention to section 775.087(2)(c), Florida Statutes (2001), and argued that because the jury made the special finding that the defendant used and discharged a firearm resulting in great bodily harm, the 25 year minimum mandatory of the "10/20/Life" statute must be imposed. The trial court disagreed and sentenced the defendant to 15 years imprisonment, the statutory maximum for a second degree felony (

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