LEGARY LUGO
v.
STATE OF FLORIDA
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A trial court's failure to enter separate special provisions documents for each count, despite issuing separate corrected sentencing orders and oral pronouncements, requires reversal and remand for correction without resentencing.
[1] A trial court's failure to enter separate special provisions documents for each count, when separate corrected sentencing orders and oral pronouncements have been made, r…
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Join FLexlaw to unlock all legal intelligenceLegary Lugo was convicted of trafficking in N,N-dimethylpentylone and possessing fentanyl, oxycodone, and cocaine with intent to sell. The trial court…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
LEGARY LUGO, Appellant,
v.
STATE OF FLORIDA, Appellee.
No. 4D2025-2812
[September 30, 2026]
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Sherri Lyn Collins, Judge; L.T. Case No. 502023CF000191AXXXMB.
Daniel Eisinger, Public Defender, and Summer Hill, Assistant Public Defender, West Palm Beach, for appellant.
James Uthmeier, Attorney General, Tallahassee, and Zi Jin Peter Chan, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
Legary Lugo appeals his convictions and sentences for trafficking in N,N-dimethylpentylone and possessing fentanyl, oxycodone, and cocaine with intent to sell. We summarily affirm all issues except the requested correction to the special provisions document. As to Lugo's challenges involving N,N-dimethylpentylone and the six-member jury, we affirm under Lawson and Guzman, respectively. See Lawson v. State, 416 So. 3d 327, 332 (Fla. 4th DCA 2025) (“[T]he State produced competent substantial evidence that Dimethylpentylone was a substituted cathinone through the testimony of the forensic chemist.”); Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022), rev. denied, No. SC22-1597, 2023 WL 3830251 (Fla. June 6, 2023); Cunningham v. Florida, 144 S. Ct. 1287 (2024) (denying petition for writ of certiorari challenging Florida's use of sixmember juries). But see Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025), cert. granted, No. SC25-6623, 2026 WL 1718018 (June 15, 2026).
Although the trial court entered separate corrected sentencing orders for Counts 2, 3, and 4, the special provisions document continues to combine those counts. We therefore reverse in part and remand with instructions to enter a separate special provisions document for each count consistent with the oral pronouncement and corrected sentencing orders. No resentencing hearing is required.
Affirmed in part, reversed in part, and remanded.
GERBER, C.J., SHAW and LOTT, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Guzman v. State, 350 So. 3d 72 (Fla. 4th DCA 2022)
- Hamed Kian v. State, 421 So. 3d 439 (Fla. 4th DCA 2025)