White v. State

White v. State, 589 So. 2d 1014 (Fla. Dist. Ct. App. 1991)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: November 20, 1991
Docket: No. 91-00295
Judges: Per Curiam
Citations: 589 So. 2d 10141991 WL 244667

Cited by 4 1 descriptions by later courts

Opinion — Per Curiam

589 So.2d 1014 (1991)

Gregory Bernard WHITE, Appellant,

STATE of Florida, Appellee.

No. 91-00295.

District Court of Appeal of Florida, Second District.

November 20, 1991.

*1015 James Marion Moorman, Public Defender, and Andrea Norgard, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Defendant pleaded guilty to second-degree murder with a firearm, a life felony. He was sentenced to forty years' incarceration, with a three-year minimum mandatory sentence for the use of a firearm. He was also treated as a habitual violent felony offender, effectively resulting in a fifteen-year minimum mandatory sentence. See § 775.084(4)(b)1, Fla. Stat. (1989).

After untangling a procedural morass stemming from a motion for postconviction relief, a belated appeal, and an affirmance of a prior appeal, none of which affects the result in this case, it is apparent that the defendant's guilty plea was followed by an illegal sentence. Because his second-degree murder conviction was reclassified to a life felony pursuant to section 775.087(1)(a), Florida Statutes (1989), for the use of a firearm, the trial court could not sentence defendant as a habitual violent felony offender pursuant to section 775.084(4)(b). McKinney v. State, 585 So.2d 318 (Fla. 2d DCA 1991).

Accordingly, we reverse defendant's sentence and remand for resentencing.

SCHEB, A.C.J., and DANAHY and FRANK, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(holding that trial court could not sentence defendant as habitual violent felony offender because defendant's second-degree murder conviction was reclassified to a life felony)

Lamont v. State, 597 So. 2d 823 (Fla. Dist. Ct. App. 1992)

Cited by 4 cases

View all citing references →

State Appellate Courts4

Relies on it most ⓘ

Lamont v. State597 So. 2d 823 (Fla. Dist. Ct. App. 1992)
Matyas v. State604 So. 2d 24 (Fla. Dist. Ct. App. 1992)
Sheffield v. State605 So. 2d 1323 (Fla. Dist. Ct. App. 1992)
Patterson v. State633 So. 2d 573 (Fla. Dist. Ct. App. 1994)

Most recent

Patterson v. State633 So. 2d 573 (Fla. Dist. Ct. App. 1994)
Sheffield v. State605 So. 2d 1323 (Fla. Dist. Ct. App. 1992)
Matyas v. State604 So. 2d 24 (Fla. Dist. Ct. App. 1992)
Lamont v. State597 So. 2d 823 (Fla. Dist. Ct. App. 1992)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	McKinney v. State, 585 So. 2d 318 (Fla. Dist. Ct. App. 1991)	10

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