DAMIEN ANTONIO HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Unconstitutional Application Of Statute cases and more on FLexlaw
[*404] SALCINES, Judge.
Damien Antonio Harris appeals his convictions for armed burglary and sexual battery. We affirm Harris’s convictions without discussion. However, Harris was sentenced under the 1995 guidelines which have been declared to be unconstitutional. See Heggs v. State, 759 So. 2d 620 (Fla. 2000). Accordingly, this matter must be remanded to the trial court in order that it reconsider the sentences imposed in accordance with Heggs. See Smith v. State, 761 So .2d 419 (Fla. 2d DCA 2000).
Additionally, Harris’s sentence for armed burglary in violation of section 810.02(2)(b), Florida Statutes (1995), was improperly enhanced to a life felony pursuant to section 775.087, Florida Statutes (1995). The use of a weapon or a firearm is an essential element of armed burglary. See Fowler v. State, 375 So. 2d 879, 880 (Fla. 2d DCA 1979). Thus, section 775.087(1) itself precludes this classification. The trial court’s reclassification of the armed burglary conviction to a life felony is reversed and we remand for the judgment to be corrected to reflect a first-degree felony conviction. See Wright v. State, 617 So. 2d 837, 842 (Fla. 4th DCA 1993).
The convictions are affirmed, reclassification of the armed burglary is reversed and remanded, and the sentences are remanded for reconsideration as discussed above.
BLUE, A.C.J., and WHATLEY, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Franke v. State, 997 So. 2d 424 (Fla. 2d DCA 2008)…Indeed, the trial court could not have reclassified the offenses because the use of a firearm is an essential element of each of them. See § 775.087(1); State v. Tripp, 642 So. 2d 728, 730 n. 2 (Fla.1994) (attempted armed robbery); Harris v. State, 766 So. 2d 403, 404 (Fla. 2d DCA 2000) (armed burglary). Rather, the sentences were imposed based on the statutory definitions of each offense as a first-degree felony punishable by life, §§ 812.13(2)(a), § 810.02(b), which is distinct from a life felony, see Jame…
-
Jackson v. State, 175 So. 3d 368 (Fla. 3d DCA 2015)…inimum mandatory portions of the sentences could not be. “stacked.” See Palmer v. State, 438 So. 2d 1, 3 (Fla.1983) (prohibiting the stacking of minimum mandatory sentences). For these reasons, we affirm the order on appeal. . See Harris v. State, 766 So. 2d 403, 404 (Fla. 2d DCA 2000) (holding that the defendant’s sentence for armed burglary in violation of section 810.02(2)(b) was improperly enhanced pursuant to section 775.087 because the "use of a weapon or a firearm is an essential element of armed bur…
-
Lowe v. State, 884 So. 2d 189 (Fla. 2d DCA 2004)…PER CURIAM. Affirmed. See Collins v. State, 800 So. 2d 660 (Fla. 2d DCA 2001); Harris v. State, 766 So. 2d 403 (Fla. 2d DCA 2000). WHATLEY and CANADY, JJ., Concur. CASANUEVA, J., Concurs with opinion.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)
- Fowler v. State, 375 So. 2d 879 (Fla. 2d DCA 1979)
- Mac Ray Wright v. State, 617 So. 2d 837 (Fla. 4th DCA 1993)