Walters v. State

Full title: Derek Leon WALTERS, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Oct 31, 2017

229 So. 3d 444 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D17–3209

10-31-2017

Derek Leon WALTERS, Appellant, v. STATE of Florida, Appellee.

Derek Leon Walters, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Derek Leon Walters, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant filed a rule 3.800(a) motion raising several arguments challenging the legality of his sentences for possession of a firearm by a convicted felon and aggravated assault with possession and discharge of a firearm. We affirm the trial court's conclusion that the sentences are legal, but write to note that the twenty-year sentence for the aggravated assault is legal because of the minimum-mandatory sentence provision of section 775.087(2)(a)2., Florida Statutes (2010). The offense is not subject to reclassification pursuant to section 775.087(1) because a firearm is an essential element of aggravated assault. See § 784.021(1)(a). See Patterson v. State, 693 So.2d 74 (Fla. 1st DCA 1997).

AFFIRMED.

LEWIS, KELSEY, and M.K. THOMAS, JJ., CONCUR.