STATE OF FLORIDA, APPELLANT,
v.
ALAA-ELDIN A. HADDAD, APPELLEE
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The State appealed a trial court's suspension of adjudication of guilt and sentence for aggravated assault with a firearm. The court held that Florida's mandatory minimum statute prohibited suspension of adjudication or sentence, requiring reinstatement of the conviction and three-year mandatory prison term.
A trial court may not suspend the adjudication of guilt or imposition of sentence for aggravated assault with a firearm where the defendant possessed a firearm during the offense. Section 775.087(2) makes the three-year minimum mandatory prison term nondiscretionary.
[1] A trial court errs by suspending the adjudication of guilt and sentence for aggravated assault with a firearm when the offense mandates a minimum three-year prison term.
[2] Statutes requiring a minimum mandatory term of imprisonment for certain offenses prohibit the suspension, deferral, or withholding of adjudication of guilt or imposition…
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Join FLexlaw to unlock all legal intelligence“Section 775.087(2), Florida Statutes (1997), requires that any person convicted of aggravated assault who during the commission of the offense possessed a firearm must be sentenced to a minimum term of imprisonment of three years.”
Establishes the mandatory minimum sentencing requirement
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Join FLexlaw to unlock all legal intelligenceHaddad was charged with aggravated assault with a firearm. After a bench trial, the trial court found him guilty and sentenced him to a three-year man…
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PER CURIAM.
In this appeal, the state challenges the sentence imposed on appellant for the crime of aggravated assault with a firearm. We agree with the state and conclude that the trial court erred in adjudicating appellant guilty of the crime, sentencing him to a three-year minimum mandatory term of imprisonment, and then suspending the adjudication of guilt and sentence in lieu of community control and probation.
Appellant was charged by information with aggravated assault with a firearm contrary to sections 784.021(l)(a) and 775.087, Florida Statutes. Appellant elected to be tried without a jury. After a bench trial, the trial court orally announced that it had found appellant guilty of aggravated assault with a firearm. The trial court adjudicated appellant guilty of aggravated assault with a firearm, sentenced him to a three-year minimum mandatory term of imprisonment pursuant to section 775.087(2), Florida Statutes, but then suspended both the adjudication of guilt and the sentence of imprisonment and instead placed appellant on community control and probation.
Section 775.087(2), Florida Statutes (1997), requires that any person convicted of aggravated assault who during the commission of the offense possessed a firearm must be sentenced to a minimum term of imprisonment of three years. This statutory provision goes on to state that “[n]ot-withstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld....” § 775.087(2), Fla. Stat. (1997). The imposition of this three-year minimum mandatory prison term has been held to be a nondiscretionary duty of the trial court where the record demonstrates that the defendant had a firearm in his possession at the time of the commission of the offense. See D’Alessandro v. Shearer, 360 So. 2d 774, 775 (Fla.1978).
We, therefore, reverse and remand with directions that the trial court reinstate appellant’s adjudication of guilt for the crime of aggravated assault with a firearm and resentence appellant consistent with the statutory mandate of a three-year minimum mandatory prison term.
MINER, WOLF and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Keen, 782 So. 2d 528 (Fla. 1st DCA 2001)…e imposed on appellant for the crime of possession of a firearm by a felon. The state correctly asserts that the trial judge erred in sentencing appellant to a term of probation, contrary to section 775.087, Florida Statutes (1999). State v. Haddad, 750 So. 2d 139 (Fla. 1st DCA 2000). Accordingly, we reverse and remand with directions that the trial judge resentence appellant consistent with the statutory mandate of a three-year minimum mandatory prison term. BARFIELD, C.J., WOLF and POLSTON, JJ., concur.…
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Dunbar v. State, 46 So. 3d 81 (Fla. 5th DCA 2010)…. 2d 659, 661 (Fla. 3d DCA 2008); State v. Strazdins, 890 So. 2d 334, 334 (Fla. 2d DCA 2004). Allen is consistent with case law interpreting mandatory minimum sentencing statutes and the legislative intent behind enacting such laws. State v. Haddad, 750 So. 2d 139, 140 (Fla. 1st DCA 2000). We recognize that this court has issued at least one opinion which appears to conflict with Allen; namely, Salyer v. State, 951 So. 2d 68 (Fla. 5th DCA 2007). In Salyer, our court reversed the defendant’s sentence with ins…
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State v. Couch, 896 So. 2d 799 (Fla. 1st DCA 2005)…ears of probation for the crime. The State correctly asserts that the trial court erred by imposing this sentence con [*800] trary to section 775.087, Florida Statutes (2002). See State v. Keen, 782 So. 2d 528 (Fla. 1st DCA 2001); State v. Haddad, 750 So. 2d 139 (Fla. 1st DCA 2000) (noting imposition of three-year minimum mandatory prison term a nondiscretionary duty of trial court where record demonstrates defendant had a firearm in his possession); State v. Calzadas-Padron, 708 So. 2d 287 (Fla. 2d DCA 199…
Authorities Cited
- D'Alessandro v. Shearer, 360 So. 2d 774 (Fla. 1978)