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Reyes v. State

District Court of Appeal of Florida, Second District
Jun 19, 1996
676 So. 2d 31 (Fla. Dist. Ct. App. 1996)

Summary

reversing summary denial without attachments of rule 3.800 motion alleging improper sentence enhancement in absence of jury finding that defendant possessed firearm

Summary of this case from Barnard v. State

Opinion

No. 96-01165.

June 19, 1996.

Appeal from the Circuit Court for Collier County, William L. Blackwell, J.


Raymundo Reyes appeals the denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the trial court failed to attach the portions of the record supporting its order, we reverse.

According to the motion, Reyes was convicted in 1983 of second-degree murder and robbery. Under section 775.087, Florida Statutes (1981), the convictions were enhanced to life felonies based on the possession of a firearm and Reyes was sentenced to life with a three-year minimum mandatory. Reyes contends that the enhancements and minimum mandatory sentence are illegal because he was not in physical possession of a firearm.

The trial court's order stated that the jury made a specific finding Reyes possessed a firearm. The trial court thus denied relief, holding that a motion under rule 3.800 was not a proper avenue to challenge the jury's verdict. The trial court did not provide any attachments showing the jury's verdict and findings.

[B]efore a trial court may enhance a defendant's sentence or apply the mandatory minimum sentence for use of a firearm, the jury must make a finding that the defendant committed the crime while using a firearm either by finding him guilty of a crime which involves a firearm or by answering a specific question of a special verdict form so indicating.

State v. Overfelt, 457 So.2d 1385, 1387 (Fla. 1984) (quoting with approval Overfelt v. State, 434 So.2d 945 (Fla. 4th DCA 1983)). See also Williams v. State, 656 So.2d 574 (Fla. 1st DCA 1995) (remanding for correction of illegally enhanced sentence when jury made finding that defendant did not possess firearm).

On remand, the trial court may again deny relief if it attaches the portions of the record that demonstrate the necessary findings by the jury.

Reversed and remanded.

BLUE, A.C.J., and FULMER and WHATLEY, JJ., concur.


Summaries of

Reyes v. State

District Court of Appeal of Florida, Second District
Jun 19, 1996
676 So. 2d 31 (Fla. Dist. Ct. App. 1996)

reversing summary denial without attachments of rule 3.800 motion alleging improper sentence enhancement in absence of jury finding that defendant possessed firearm

Summary of this case from Barnard v. State

remanding for attachments showing jury's verdict or justifying denial of rule 3.800 motion questioning whether verdict included specific finding that the appellant had possessed a firearm

Summary of this case from McPherson v. State
Case details for

Reyes v. State

Case Details

Full title:RAYMUNDO REYES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 19, 1996

Citations

676 So. 2d 31 (Fla. Dist. Ct. App. 1996)

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