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Florida Statute 775.87 - Full Text and Legal Analysis
Florida Statute 775.087 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 775.087 Case Law from Google Scholar Google Search for Amendments to 775.087

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
F.S. 775.087
775.087 Possession or use of weapon; aggravated battery; felony reclassification; minimum sentence.—
(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, a felony offense which is reclassified under this section is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.

(2)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for:
a. Murder;
b. Sexual battery;
c. Robbery;
d. Burglary;
e. Arson;
f. Aggravated battery;
g. Kidnapping;
h. Escape;
i. Aircraft piracy;
j. Aggravated child abuse;
k. Aggravated abuse of an elderly person or disabled adult;
l. Unlawful throwing, placing, or discharging of a destructive device or bomb;
m. Carjacking;
n. Home-invasion robbery;
o. Aggravated stalking;
p. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1);
q. Possession of a firearm by a felon; or
r. Human trafficking

and during the commission of the offense, such person actually possessed a “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 10 years, except that a person who is convicted for possession of a firearm by a felon or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years if such person possessed a “firearm” or “destructive device” during the commission of the offense. However, if an offender who is convicted of the offense of possession of a firearm by a felon has a previous conviction of committing or attempting to commit a felony listed in s. 775.084(1)(b)1. and actually possessed a firearm or destructive device during the commission of the prior felony, the offender shall be sentenced to a minimum term of imprisonment of 10 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-subparagraph 1.r., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
3. Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs 1.a.-p. or sub-subparagraph 1.r., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.
(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.
(d) It is the intent of the Legislature that offenders who actually possess, carry, display, use, threaten to use, or attempt to use firearms or destructive devices be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.
(3)(a)1. Any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for:
a. Murder;
b. Sexual battery;
c. Robbery;
d. Burglary;
e. Arson;
f. Aggravated battery;
g. Kidnapping;
h. Escape;
i. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled substance;
j. Aircraft piracy;
k. Aggravated child abuse;
l. Aggravated abuse of an elderly person or disabled adult;
m. Unlawful throwing, placing, or discharging of a destructive device or bomb;
n. Carjacking;
o. Home-invasion robbery;
p. Aggravated stalking;
q. Trafficking in cannabis, trafficking in cocaine, capital importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs, trafficking in phencyclidine, capital importation of phencyclidine, trafficking in methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma-hydroxybutyric acid (GHB), trafficking in 1,4-Butanediol, trafficking in Phenethylamines, or other violation of s. 893.135(1); or
r. Human trafficking

and during the commission of the offense, such person possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 15 years.

2. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph 1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
3. Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph 1., regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.
(b) Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a court from imposing a longer sentence of incarceration as authorized by law in addition to the minimum mandatory sentence, or from imposing a sentence of death pursuant to other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not authorize a court to impose a lesser sentence than otherwise required by law.

Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.

(c) If the minimum mandatory terms of imprisonment imposed pursuant to this section exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the mandatory minimum sentence must be imposed. If the mandatory minimum terms of imprisonment pursuant to this section are less than the sentences that could be imposed as authorized by s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the sentence imposed by the court must include the mandatory minimum term of imprisonment as required in this section.
(d) It is the intent of the Legislature that offenders who possess, carry, display, use, threaten to use, or attempt to use a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun as defined in s. 790.001 be punished to the fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to this subsection shall be imposed for each qualifying felony count for which the person is convicted. The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.
(e) As used in this subsection, the term:
1. “High-capacity detachable box magazine” means any detachable box magazine, for use in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire cartridges.
2. “Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by separate successive depressions of the trigger and which uses the energy of discharge to perform a portion of the operating cycle.
(4) For purposes of imposition of minimum mandatory sentencing provisions of this section, with respect to a firearm, the term “possession” is defined as carrying it on the person. Possession may also be proven by demonstrating that the defendant had the firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense, if proven beyond a reasonable doubt.
(5) This section does not apply to law enforcement officers or to United States military personnel who are performing their lawful duties or who are traveling to or from their places of employment or assignment to perform their lawful duties.
History.—s. 9, ch. 74-383; s. 1, ch. 75-7; s. 3, ch. 75-298; s. 2, ch. 76-75; s. 51, ch. 83-215; s. 3, ch. 89-306; s. 2, ch. 90-124; s. 2, ch. 90-176; s. 19, ch. 95-184; s. 9, ch. 95-195; s. 15, ch. 96-322; s. 55, ch. 96-388; s. 14, ch. 97-194; s. 1, ch. 99-12; s. 88, ch. 2000-158; s. 5, ch. 2000-320; s. 11, ch. 2005-128; s. 4, ch. 2011-200; s. 1, ch. 2012-74; s. 3, ch. 2014-176; s. 2, ch. 2014-195; s. 1, ch. 2016-7; s. 121, ch. 2019-167; s. 1, ch. 2023-87.

F.S. 775.087 on Google Scholar

F.S. 775.087 on CourtListener

Amendments to 775.087


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 775.087
Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.087 1a - AGGRAV BATTERY - REMOVED - F: L
S775.087 1a - WEAPON OFFENSE - REMOVED - F: L
S775.087 1a - AGGRAV BATTERY - COMMIT 1ST DEGREE FELONY W AGG BATT - F: L
S775.087 1a - WEAPON OFFENSE - COMMIT 1ST DEGREE FELONY W WEAPON - F: L
S775.087 1b - AGGRAV BATTERY - REMOVED - F: F
S775.087 1b - WEAPON OFFENSE - REMOVED - F: F
S775.087 1b - AGGRAV BATTERY - COMMIT 2ND DEGREE FELONY W AGG BATT - F: F
S775.087 1b - WEAPON OFFENSE - COMMIT 2ND DEGREE FELONY W WEAPON - F: F
S775.087 1c - AGGRAV BATTERY - REMOVED - F: S
S775.087 1c - WEAPON OFFENSE - REMOVED - F: S
S775.087 1c - AGGRAV BATTERY - COMMIT 3RD DEGREE FELONY W AGG BATT - F: S
S775.087 1c - WEAPON OFFENSE - COMMIT 3RD DEGREE FELONY W WEAPON - F: S

Cases Citing Statute 775.087

Total Results: 1000

Heggs v. State

759 So. 2d 620, 2000 WL 178052

Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 1421324

Cited 311 times | Published

three-year minimum prison term in accordance with section 775.087(2), Florida Statutes (1995).[2] After imposition

Sanders v. State

944 So. 2d 203, 2006 WL 3025777

Supreme Court of Florida | Filed: Oct 26, 2006 | Docket: 1649253

Cited 77 times | Published

felony and impose an enhanced penalty under section 775.087, Florida Statutes (2002), which is commonly

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

AGGRAVATED BATTERY (New) F.S. 775.087(1) Note to This instruction should not

Leronnie Lee Walton v. State of Florida

208 So. 3d 60, 41 Fla. L. Weekly Supp. 587, 2016 Fla. LEXIS 2598

Supreme Court of Florida | Filed: Dec 1, 2016 | Docket: 4546941

Cited 71 times | Published

Walton was the trial court’s conclusion “that section 775.087, Florida Statutes — the 10-20-Life statute

State v. Burris

875 So. 2d 408, 2004 WL 742099

Supreme Court of Florida | Filed: Apr 8, 2004 | Docket: 1684026

Cited 58 times | Published

Court interpreted "weapon" in the context of section 775.087, Florida Statutes (1991), the general enhancement

Lamont v. State

610 So. 2d 435, 1992 WL 381740

Supreme Court of Florida | Filed: Dec 24, 1992 | Docket: 1734783

Cited 50 times | Published

which was reclassified to a life felony under section 775.087(1)(a), Florida Statutes (1989), because a firearm

State v. Tripp

642 So. 2d 728, 1994 WL 318678

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 549687

Cited 42 times | Published

PRECLUDE EXECUTION OF THE MANDATORY LANGUAGE OF SECTION 775.087(1) WHICH REQUIRES THE RECLASSIFICATION OF OFFENSES

Mendenhall v. State

48 So. 3d 740, 35 Fla. L. Weekly Supp. 631, 2010 Fla. LEXIS 1788, 2010 WL 4237573

Supreme Court of Florida | Filed: Oct 28, 2010 | Docket: 5987

Cited 41 times | Published

(Fla. 1st DCA 2005).[1] This case concerns section 775.087, Florida Statutes (2004)—commonly known as

Tucker v. State

726 So. 2d 768, 1999 WL 30619

Supreme Court of Florida | Filed: Jan 21, 1999 | Docket: 1307422

Cited 41 times | Published

THE PENALTIES MAY BE ENHANCED PURSUANT TO SECTION 775.087(1) AND FOR WHICH MANDATORY SENTENCES MAY BE

Boler v. State

678 So. 2d 319, 1996 WL 385511

Supreme Court of Florida | Filed: Jul 11, 1996 | Docket: 1736980

Cited 41 times | Published

enhancement statute at issue in this case, section 775.087, we found no express authority to impose a

In Re Standard Jury Instructions in Criminal Cases—Report 2011-01

73 So. 3d 136, 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064

Supreme Court of Florida | Filed: Sep 8, 2011 | Docket: 2355668

Cited 39 times | Published

AGGRAVATION OF A FELONY BY CARRYING A FIREARM § 775.087(1), Fla. Stat. If you find that (defendant) committed

Lareau v. State

573 So. 2d 813, 1991 WL 6560

Supreme Court of Florida | Filed: Jan 10, 1991 | Docket: 478881

Cited 36 times | Published

(Fla. 2d DCA 1983).[1] The issue is whether section 775.087(1) of the Florida Statutes (1985) authorizes

Earnest v. State

351 So. 2d 957

Supreme Court of Florida | Filed: Aug 31, 1977 | Docket: 1671668

Cited 36 times | Published

on a question of great public interest.[3] Section 775.087(2), Florida Statutes (1975), prescribes a three

Glenn Lamar Spradley v. Richard L. Dugger, Robert A. Butterworth, the Attorney General of the State of Florida

825 F.2d 1566, 1987 U.S. App. LEXIS 11520

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 1987 | Docket: 2046347

Cited 34 times | Published

of the enhanced sentencing provisions of Fla.Stat. 775.087(1) violated the double jeopardy clause.

State v. Rodriguez

602 So. 2d 1270, 1992 WL 148227

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1321662

Cited 33 times | Published

accordance with the district court decision, that section 775.087(1) does not, by its terms, allow for vicarious

White v. State

714 So. 2d 440, 1998 WL 309060

Supreme Court of Florida | Filed: Jun 12, 1998 | Docket: 1513771

Cited 32 times | Published

minimum sentences with a direct reference to section 775.087(2), which in turn provides for minimum mandatory

Johnson v. State

720 So. 2d 232, 1998 WL 732888

Supreme Court of Florida | Filed: Oct 22, 1998 | Docket: 1719015

Cited 30 times | Published

three-year mandatory minimum sentences under section 775.087(2), Florida Statutes (1995), for his convictions

Antoine v. State

138 So. 3d 1064, 2014 WL 1796099, 2014 Fla. App. LEXIS 6716

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240462

Cited 28 times | Published

As part of Florida’s 10/20/Life Statute, section 775.087(2)(a)3., Florida Statutes (2009), provides

State v. Sousa

903 So. 2d 923, 2005 WL 1243421

Supreme Court of Florida | Filed: May 26, 2005 | Docket: 1258405

Cited 27 times | Published

pursuant to the enhancement provisions of section 775.087, Florida Statutes (1999), the "10-20-life"

State v. Christian

692 So. 2d 889, 1997 WL 211582

Supreme Court of Florida | Filed: May 1, 1997 | Docket: 1524615

Cited 26 times | Published

district court ruled properly. We disagree. Section 775.087, Florida Statutes (1993), authorizes imposition

McDonald v. State

957 So. 2d 605, 2007 WL 1437448

Supreme Court of Florida | Filed: May 17, 2007 | Docket: 266116

Cited 25 times | Published

a lesser mandatory minimum sentence under section 775.087, Florida Statutes (2000) (the 10-20-LIFE statute)

Ada Anisia Lopez-Amaro v. Immigration and Naturalization Service

25 F.3d 986, 1994 U.S. App. LEXIS 16983

Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 1994 | Docket: 539225

Cited 24 times | Published

imprisonment of 3 calendar years. Fla.Stat. § 775.087. The petitioner contends that this section

Dunbar v. State

89 So. 3d 901, 37 Fla. L. Weekly Supp. 329, 2012 WL 1559762, 2012 Fla. LEXIS 884

Supreme Court of Florida | Filed: May 3, 2012 | Docket: 60308845

Cited 22 times | Published

sentence for robbery with a firearm required by section 775.087(2), Florida Statutes (2008). 46 So.3d at 82-83

Bundrage v. State

814 So. 2d 1133, 2002 WL 506856

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1368180

Cited 22 times | Published

the charge under the sentencing provision in section 775.087(2)(a)(1), Florida Statutes (1999). Section

Franke v. State

997 So. 2d 424, 2008 WL 4647416

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1377722

Cited 20 times | Published

minimum on each charge for use of a firearm. See § 775.087(2), Fla. Stat. (1991). The sentences were imposed

Hillman v. State

410 So. 2d 180

District Court of Appeal of Florida | Filed: Feb 10, 1982 | Docket: 1518558

Cited 20 times | Published

that he was armed at the time of the offense. § 775.087, Fla. Stat. (1979). Appellant first argues that

State v. Mancino

705 So. 2d 1379, 1998 WL 42188

Supreme Court of Florida | Filed: Feb 5, 1998 | Docket: 1753696

Cited 19 times | Published

MINIMUM MANDATORY SENTENCE IMPOSED PURSUANT TO SECTION 775.087(2), FLORIDA STATUTES, ON THE BASIS THAT A FIREARM

Gonzalez v. State

585 So. 2d 932, 1991 WL 181920

Supreme Court of Florida | Filed: Sep 12, 1991 | Docket: 1688520

Cited 19 times | Published

firearm, to a first-degree felony pursuant to section 775.087(1)(b), Florida Statutes (1987).[2] Gonzalez

Bradley v. State

3 So. 3d 1168, 34 Fla. L. Weekly Supp. 226, 2009 Fla. LEXIS 267, 2009 WL 465765

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1652856

Cited 18 times | Published

(2002). See Bradley, 971 So.2d at 958. Citing section 775.087(2), Florida Statutes (2002), the information

Lopez v. State

833 So. 2d 283, 2002 WL 31875068

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1675431

Cited 18 times | Published

imposition of a minimum mandatory term pursuant to section 775.087(3), Florida Statutes, because that statute

Robinson v. State

37 So. 3d 921, 2010 Fla. App. LEXIS 7719, 2010 WL 2219195

District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 369203

Cited 17 times | Published

the offense is reclassified as a life felony. § 775.087(1)(a). The trial court sentenced Mr. Robinson

Jackson v. State

659 So. 2d 1060, 1995 WL 500396

Supreme Court of Florida | Filed: Aug 24, 1995 | Docket: 1747996

Cited 17 times | Published

three-year minimum mandatory sentence term under section 775.087(2), Florida Statutes (1993), must run concurrent

Walton v. State

106 So. 3d 522, 2013 WL 500386, 2013 Fla. App. LEXIS 2109

District Court of Appeal of Florida | Filed: Feb 12, 2013 | Docket: 60228255

Cited 16 times | Published

consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statute,

Jackson v. State

926 So. 2d 1262, 2006 WL 797659

Supreme Court of Florida | Filed: Mar 30, 2006 | Docket: 467161

Cited 16 times | Published

Braxton claims that the trial court invalidated section 775.087, Florida Statutes (1993), by not convicting

Altieri v. State

835 So. 2d 1181, 2002 WL 31870181

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1643360

Cited 16 times | Published

trial court sentenced appellant pursuant to section 775.087(2)(a)(2), Florida Statutes (1999), which provides:

Mills v. State

822 So. 2d 1284, 2002 WL 1338538

Supreme Court of Florida | Filed: Jun 20, 2002 | Docket: 1757211

Cited 16 times | Published

that a penalty could not be enhanced under section 775.087(1) for a crime in which the use of a deadly

State v. Houck

652 So. 2d 359, 1995 WL 37646

Supreme Court of Florida | Filed: Feb 2, 1995 | Docket: 476028

Cited 16 times | Published

a weapon. Reclassification was sought via section 775.087(1), Florida Statutes (1991), regarding the

Cuthbert v. State

459 So. 2d 1098

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 1683353

Cited 16 times | Published

offender law, it could be so reclassified under Section 775.087(1), Florida Statutes (1983)[4] because of the

Calvin Weatherspoon v. State of Florida

214 So. 3d 578, 42 Fla. L. Weekly Supp. 405, 2017 WL 1282110, 2017 Fla. LEXIS 751

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669817

Cited 15 times | Published

attempt to commit any offense listed in Florida Statute 775.087(2)(a) 1, JAMES HER-ARD and/or CALVIN LEE

Mondesir v. State

814 So. 2d 1172, 2002 WL 561685

District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1717951

Cited 15 times | Published

provisions of the so called 10-20-life law, section 775.087(2)(a), Florida Statutes (2000), he received

Johnson v. State

855 So. 2d 218, 2003 WL 22213294

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1752555

Cited 14 times | Published

minimum mandatory sentence imposed pursuant to section 775.087(2)(a)1., Florida Statutes (2002), for possession

Bryant v. State

386 So. 2d 237

Supreme Court of Florida | Filed: Jul 17, 1980 | Docket: 1518421

Cited 14 times | Published

sentence where the indictment failed to cite section 775.087(2), Florida Statutes (1977),[2] and failed

Davis v. State

884 So. 2d 1058, 2004 WL 2308899

District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 1281899

Cited 13 times | Published

felony (section 784.045(1)(a), enhanced by section 775.087(1) by virtue of the use of a weapon or firearm)

Leath v. State

805 So. 2d 956, 2001 WL 1471899

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1669473

Cited 13 times | Published

sentences for possession of a firearm pursuant to section 775.087(2), Florida Statutes (1993), was illegal in

State v. Estevez

753 So. 2d 1, 1999 WL 1072903

Supreme Court of Florida | Filed: Nov 24, 1999 | Docket: 1433762

Cited 13 times | Published

to this Court's line of cases interpreting section 775.087, Florida Statutes, dealing with the reclassification

Grant v. State

138 So. 3d 1079, 2014 WL 1795845, 2014 Fla. App. LEXIS 6720

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240463

Cited 12 times | Published

to mandatory minimum sentencing pursuant to Section 775.087(2), Florida Statutes (2010).1 The State’s

Haynes v. State

106 So. 3d 481, 2013 WL 40978, 2013 Fla. App. LEXIS 190

District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60228213

Cited 12 times | Published

assault involving the discharge of a firearm. See § 775.087(2)(a)2, Fla. Stat.1 Absent a plea to reduced charges

Murray v. State

890 So. 2d 451, 2004 WL 3008896

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 1690387

Cited 12 times | Published

sentences imposed for the offenses pursuant to section 775.087, Florida Statutes (2001) — commonly known as

Poiteer v. State

627 So. 2d 526, 1993 WL 424206

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 1553814

Cited 12 times | Published

sentence represents mandatory time required by section 775.087(2), Florida Statutes (1989). Poiteer sought

Kennedy v. State

564 So. 2d 1127, 1990 WL 89757

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1294275

Cited 12 times | Published

degree felony by applying the provisions of section 775.087(1) because of appellant's use of a firearm

Knight v. State

6 So. 3d 733, 2009 Fla. App. LEXIS 3510, 2009 WL 1097921

District Court of Appeal of Florida | Filed: Apr 24, 2009 | Docket: 1665656

Cited 11 times | Published

reference a firearm; nevertheless, pursuant to section 775.087(1), Florida Statutes (1993), and based on the

Rasley v. State

878 So. 2d 473, 2004 WL 1697818

District Court of Appeal of Florida | Filed: Jul 30, 2004 | Docket: 758902

Cited 11 times | Published

court concluded subsections (1) and (2) of section 775.087 are not mutually exclusive. Subsection (1)

Whitehead v. State

884 So. 2d 139, 2004 WL 1584782

District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 557880

Cited 11 times | Published

of twenty years *140 in prison pursuant to section 775.087(2)(a)(2), Florida Statutes (1999). The amended

Jackson v. State

852 So. 2d 941, 2003 WL 22014582

District Court of Appeal of Florida | Filed: Aug 27, 2003 | Docket: 1305681

Cited 11 times | Published

contest was improperly reclassified under section 775.087(2)(a)3, Florida Statutes, even though all of

Spann v. State

772 So. 2d 38, 2000 WL 1397934

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1435184

Cited 11 times | Published

convicted of second degree murder with a firearm. Section 775.087(1) provided that when a person commits a felony

Irizarry v. State

946 So. 2d 555, 2006 WL 3523645

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1771943

Cited 10 times | Published

for specified offenses involving a firearm. See § 775.087(2), Fla. Stat. (2003). In accordance with this

Allen v. State

853 So. 2d 533, 2003 WL 22023174

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1189304

Cited 10 times | Published

3-year minimum imprisonment provisions of section 775.087(2), Florida Statutes, is hereby imposed for

Brazill v. State

845 So. 2d 282, 2003 WL 21076652

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 1433048

Cited 10 times | Published

State v. Tripp, 642 So.2d 728, 730 (Fla.1994). Section 775.087(2)(a)3. provides that if during the course

Traylor v. State

785 So. 2d 1179, 2000 WL 701060

Supreme Court of Florida | Filed: Jun 1, 2000 | Docket: 450135

Cited 10 times | Published

first-degree murder, the trial court, pursuant to section 775.087(1), Florida Statutes (1987),[4] reclassified

Bryant v. State

744 So. 2d 1225, 1999 WL 1016256

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1381191

Cited 10 times | Published

minimum sentence on each count, pursuant to section 775.087(2), Florida Statutes (1997). We affirm appellant's

Lifred v. State

643 So. 2d 94, 1994 WL 539190

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 1492784

Cited 10 times | Published

three year mandatory minimum terms pursuant to section 775.087(2), Florida Statutes (Supp. 1990) for crimes

Houck v. State

634 So. 2d 180, 1994 WL 65066

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 1737731

Cited 10 times | Published

the jury. This appeal requires analysis of section 775.087(1), Florida Statutes (1991), the reclassification

Franklin v. State

541 So. 2d 1227, 1989 WL 7518

District Court of Appeal of Florida | Filed: Feb 3, 1989 | Docket: 1516604

Cited 10 times | Published

degree felony, to a first degree felony under section 775.087(1), Florida Statutes (1987) because appellant

Jose Martinez v. State of Florida

211 So. 3d 989, 42 Fla. L. Weekly Supp. 209, 2017 WL 728098, 2017 Fla. LEXIS 369

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609132

Cited 9 times | Published

10-year mandatory minimum sentence pursuant to section 775.087(2)(a)l., Florida Statutes (1999). 3

Coke v. State

955 So. 2d 1216, 2007 WL 1342501

District Court of Appeal of Florida | Filed: May 9, 2007 | Docket: 1659281

Cited 9 times | Published

minimum mandatory sentence, imposed pursuant to section 775.087(2)(a)3., Florida Statutes, is illegal because

State v. Iseley

944 So. 2d 227, 2006 WL 3025649

Supreme Court of Florida | Filed: Oct 26, 2006 | Docket: 1649339

Cited 9 times | Published

firearm in committing an offense enumerated in section 775.087(2)(a), Florida Statutes (2002), and the jury

Stoute v. State

915 So. 2d 1245, 2005 WL 3478213

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 1310871

Cited 9 times | Published

felony due to possession of a firearm under section 775.087(1), Florida Statutes (1999). Because the sentencing

Muldrow v. State

842 So. 2d 240, 2003 WL 1823462

District Court of Appeal of Florida | Filed: Apr 9, 2003 | Docket: 1730518

Cited 9 times | Published

mandatory, under the "10-20-Life" statute, section 775.087(2)(a)(2), Florida Statutes (1999). Because

Fernandez v. State

570 So. 2d 1008, 1990 WL 152109

District Court of Appeal of Florida | Filed: Oct 12, 1990 | Docket: 1349034

Cited 9 times | Published

sentence of three years' imprisonment. *1010 § 775.087(2), Fla. Stat. (1987). Prior to trial, defense

Sanders v. State

352 So. 2d 1187

District Court of Appeal of Florida | Filed: Oct 25, 1977 | Docket: 1701317

Cited 9 times | Published

dangerous weapon) in violation of F.S. 810.02 and F.S. 775.087 and (2) grand larceny in violation of F.S. 812

McKenzie v. State

31 So. 3d 275, 2010 Fla. App. LEXIS 3902, 2010 WL 1135990

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1149533

Cited 8 times | Published

result of the firearm element, pursuant to section 775.087(1), Florida Statutes (2000). The trial court

Yasin v. State

896 So. 2d 875, 2005 WL 433604

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683592

Cited 8 times | Published

held that the sentence was authorized under section 775.087(2)(a)3, Florida Statutes, because the jury

Rogers v. State

875 So. 2d 769, 2004 WL 1359252

District Court of Appeal of Florida | Filed: Jun 18, 2004 | Docket: 1684000

Cited 8 times | Published

sentenced to life imprisonment pursuant to section 775.087(2)(a)(3), Florida Statutes (2001), which provides

Wilchcombe v. State

842 So. 2d 198, 2003 WL 1563568

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1357604

Cited 8 times | Published

for aggravated assault with a firearm, per Section 775.087(2)(a)(1)(f), Florida Statutes (2000); a consecutive

Smith v. State

813 So. 2d 1002, 2002 WL 429077

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1403270

Cited 8 times | Published

trial court erred in sentencing him under both section 775.087(2)(a), Florida Statutes (1999), the Prison

State v. Parker

812 So. 2d 495, 2002 WL 385192

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1716158

Cited 8 times | Published

its intent to seek a sentence pursuant to section 775.087, Florida Statutes (1999), for use of a firearm

Mesa v. State

632 So. 2d 1094, 1994 WL 59404

District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 462498

Cited 8 times | Published

conviction as an enhanced first-degree felony under Section 775.087(1)(b), Florida Statutes (1991), when sentencing

Willingham v. State

541 So. 2d 1240, 1989 WL 17233

District Court of Appeal of Florida | Filed: Mar 3, 1989 | Docket: 1516564

Cited 8 times | Published

can be reclassified to a higher felony under section 775.087(1), Florida Statutes (1987),[1] when an accomplice

Whitlock v. State

404 So. 2d 795

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 1782658

Cited 8 times | Published

prison terms on a youthful offender pursuant to section 775.087(2), Florida Statutes (1979). We reverse and

Chambers v. State

217 So. 3d 210, 2017 WL 1400741, 2017 Fla. App. LEXIS 5367

District Court of Appeal of Florida | Filed: Apr 19, 2017 | Docket: 60265668

Cited 7 times | Published

because robbery is an enumerated felony under section 775.087(2), Florida Statutes, it was error to include

Merriell v. State

169 So. 3d 1287, 2015 Fla. App. LEXIS 11649, 2015 WL 4623811

District Court of Appeal of Florida | Filed: Aug 4, 2015 | Docket: 60248856

Cited 7 times | Published

the aggravated battery charge pursuant to section 775.087(2)(a), Florida Statutes (the “10-20-Life” statute)

Lane v. State

996 So. 2d 226, 2008 WL 4643096

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1692179

Cited 7 times | Published

(2)(a) and 775.087 of the Florida Statute." Section 775.087, Florida Statutes, provides, in pertinent part:

Banks v. State

949 So. 2d 353, 2007 WL 601443

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1719893

Cited 7 times | Published

make a specific finding of actual possession. § 775.087(2)(a)1.r., Fla. Stat. (2004) see, e.g., Bundrage

Daniel v. State

935 So. 2d 1240, 2006 WL 2347744

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1245413

Cited 7 times | Published

imposed pursuant to the "10-20-Life" statute, section 775.087(2), Florida Statutes (2004). *1241 On appeal

Inmon v. State

932 So. 2d 518, 2006 WL 1686536

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 1285629

Cited 7 times | Published

for purposes of sentencing under section 775.087(2). See § 775.087(2), Fla. Stat. (2003). Discharging

Wilson v. State

898 So. 2d 191, 2005 WL 562531

District Court of Appeal of Florida | Filed: Mar 11, 2005 | Docket: 1448749

Cited 7 times | Published

25-year minimum mandatory sentence pursuant to section 775.087(2)(a)3, Florida Statutes (2003). Second-degree

Perreault v. State

853 So. 2d 604, 2003 WL 22056386

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1660163

Cited 7 times | Published

minimum mandatory terms were imposed pursuant to section 775.087(2)(a)1., Florida Statutes, known as "The 10-20-Life

Cunningham v. State

838 So. 2d 627, 2003 WL 553856

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 461383

Cited 7 times | Published

10-year minimum mandatory prison terms under section 775.087(2)(d), Florida Statutes (2001)[1], for each

Weford v. State

784 So. 2d 1222, 2001 WL 387922

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 1743996

Cited 7 times | Published

offense is enhanced to a life felony under section 775.087(1)(a), Florida Statutes (1993). See Lamont

State v. Wooten

782 So. 2d 408, 2001 WL 76995

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1512092

Cited 7 times | Published

mandatory of the new 10/20/ Life statute. See § 775.087(2)(a)(1)-(3), Fla. Stat. (1999). The state argues

Grantham v. State

735 So. 2d 525, 1999 WL 301271

District Court of Appeal of Florida | Filed: May 14, 1999 | Docket: 1431482

Cited 7 times | Published

penalty was enhanced by one sentencing level. See § 775.087(1), Fla. Stat. (Supp.1996). It was not essential

Gamble v. State

723 So. 2d 905, 1999 WL 4950

District Court of Appeal of Florida | Filed: Jan 8, 1999 | Docket: 1319787

Cited 7 times | Published

sentence and remand this matter for resentencing. Section 775.087, Florida Statutes (1993), provides that when

McCutcheon v. State

711 So. 2d 1286, 1998 WL 263978

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1337932

Cited 7 times | Published

to-wit: a handgun, contrary to F.S. 787.01 and F.S. 775.087(1)." As the Information only charged appellant

Montgomery v. State

704 So. 2d 548, 1997 WL 291329

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 1354480

Cited 7 times | Published

felony. Section 784.045(2), Florida Statutes. Section 775.087(1)(b), provides that a second-degree felony

Nathan v. State

689 So. 2d 1150, 1997 WL 86059

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 1477234

Cited 7 times | Published

have been enhanced to a life felony under section 775.087(1)(a), Florida Statutes (1991),[3] and, as

Singletary v. Jones

681 So. 2d 836, 1996 WL 590536

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 1384799

Cited 7 times | Published

a three year minimum mandatory term under section 775.087(2), Florida Statutes (1985). During this three

Ellis v. State

608 So. 2d 514, 1992 WL 301320

District Court of Appeal of Florida | Filed: Oct 23, 1992 | Docket: 1732468

Cited 7 times | Published

first degree felony, apparently pursuant to section 775.087, Florida Statutes (1991), which permits reclassification

Pitts v. State

202 So. 3d 882, 2016 Fla. App. LEXIS 13476

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 60257303

Cited 6 times | Published

mandatory minimum sentence of life in prison under section 775,087(2)(a)3, Flori*884da Statutes (2011). The trial

Williams v. State

125 So. 3d 879, 2013 WL 1748687, 2013 Fla. App. LEXIS 6541

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60236106

Cited 6 times | Published

to impose consecutive sentences pursuant to section 775.087(2)(d), Florida Statutes (2008), which provides:

Oliver v. State

75 So. 3d 349, 2011 Fla. App. LEXIS 18140, 2011 WL 5561645

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2359376

Cited 6 times | Published

weapon during the commission of the battery. Section 775.087(1), Florida Statutes (2009), provides for the

Mendenhall v. State

999 So. 2d 665, 2008 WL 5100312

District Court of Appeal of Florida | Filed: Dec 5, 2008 | Docket: 1514951

Cited 6 times | Published

than a term of imprisonment of life in prison. § 775.087(2)(a)3, Fla. Stat. (2004)(emphasis added). The

Bradley v. State

971 So. 2d 957, 2007 WL 4545884

District Court of Appeal of Florida | Filed: Dec 28, 2007 | Docket: 1446938

Cited 6 times | Published

mandatory minimum prison term pursuant to section 775.087(2), Florida Statutes (2002). We disagree, and

Church v. State

967 So. 2d 1073, 2007 WL 3307209

District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1454470

Cited 6 times | Published

conclude, however, that the case law interpreting section 775.087(2)(d), Florida Statutes (2002), requires reversal

Rogers v. State

963 So. 2d 328, 2007 WL 2330927

District Court of Appeal of Florida | Filed: Aug 17, 2007 | Docket: 1697317

Cited 6 times | Published

imposition of a 3-year mandatory minimum term under section 775.087(2), Florida Statutes (1997), for use of a firearm

Simms v. State

949 So. 2d 373, 2007 WL 674713

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1720052

Cited 6 times | Published

year firearm mandatory minimum pursuant to section 775.087(2), Florida Statutes, where the charging information

Cabral v. State

944 So. 2d 1026, 2006 WL 1310370

District Court of Appeal of Florida | Filed: May 15, 2006 | Docket: 337348

Cited 6 times | Published

for the use of a deadly weapon pursuant to section 775.087(1), Florida Statutes, was not permissible.

Blandin v. State

916 So. 2d 969, 2005 WL 3406488

District Court of Appeal of Florida | Filed: Dec 14, 2005 | Docket: 404652

Cited 6 times | Published

twenty-year minimum mandatory sentence under section 775.087(2)(a)(2), Florida Statutes (2004). Accordingly

Henderson v. State

903 So. 2d 999, 2005 WL 1185525

District Court of Appeal of Florida | Filed: May 20, 2005 | Docket: 1675232

Cited 6 times | Published

conviction was enhanced to a life felony. See § 775.087(1)(a), Fla. Stat. (1981). A life felony committed

Salazar v. State

892 So. 2d 545, 2005 WL 156744

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 472018

Cited 6 times | Published

mandatory minimum sentence on count one. See § 775.087(2)(a)1., Fla. Stat. (1999). Thus the ten year

Franklin v. State

877 So. 2d 19, 2004 WL 1103583

District Court of Appeal of Florida | Filed: Jul 14, 2004 | Docket: 1684613

Cited 6 times | Published

firearm and causing serious bodily injury. Under section 775.087, Florida Statutes (2002), our 10-20-life statute

James v. State

868 So. 2d 1242, 2004 WL 574138

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 1510610

Cited 6 times | Published

was improperly sentenced on count IV under section 775.087, Florida Statutes (2000), the so-called 10/20/Life

Perry v. State

858 So. 2d 1270, 2003 WL 22715069

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 1513520

Cited 6 times | Published

reclassified to a first-degree felony pursuant to section 775.087(1), Florida Statutes, based on the appellant's

Sousa v. State

868 So. 2d 538, 2003 WL 21947168

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 451828

Cited 6 times | Published

pursuant to the enhancement provisions of section 775.087, Florida Statutes (1999), because he used a

Pitts v. State

832 So. 2d 260, 2002 WL 31757235

District Court of Appeal of Florida | Filed: Dec 11, 2002 | Docket: 1280707

Cited 6 times | Published

three-year minimum mandatory sentence imposed under section 775.087(2)(a)(1), Florida Statutes (2000), following

Collins v. State

800 So. 2d 660, 2001 WL 1359114

District Court of Appeal of Florida | Filed: Nov 7, 2001 | Docket: 1683597

Cited 6 times | Published

§ 787.01(2), Fla. Stat. (1993). However, section 775.087(1)(a), Florida Statutes (1993), requires that

Bass v. State

739 So. 2d 1243, 1999 WL 619341

District Court of Appeal of Florida | Filed: Aug 13, 1999 | Docket: 1688748

Cited 6 times | Published

SENTENCE FOR USE OF THE FIREARM, PURSUANT TO SECTION 775.087(1), FLORIDA STATUTES (1997). Appellant first

Tripp v. State

610 So. 2d 1311, 1992 WL 381779

District Court of Appeal of Florida | Filed: Dec 22, 1992 | Docket: 1734732

Cited 6 times | Published

reclassified as a life felony, presumably pursuant to section 775.087(1), Florida Statutes. The scoresheet also reflects

Brown v. State

583 So. 2d 742, 1991 WL 138138

District Court of Appeal of Florida | Filed: Jul 29, 1991 | Docket: 1684080

Cited 6 times | Published

enhanced to a first-degree felony pursuant to section 775.087(1), Florida Statutes. Appellant challenges

Brown v. State

579 So. 2d 898, 1991 WL 86816

District Court of Appeal of Florida | Filed: May 29, 1991 | Docket: 1432803

Cited 6 times | Published

for attempted manslaughter with a firearm under § 775.087(2), Fla. Stat. (1989). The supreme court has authoritatively

State v. Pilcher

443 So. 2d 366

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 72300

Cited 6 times | Published

appellee to serve a minimum of three years. See, § 775.087, Fla. Stat. (1981). The allegations and proof

Ronald Williams v. State of Florida

186 So. 3d 989, 41 Fla. L. Weekly Supp. 73, 2016 Fla. LEXIS 456, 2016 WL 825242

Supreme Court of Florida | Filed: Mar 3, 2016 | Docket: 3041226

Cited 5 times | Published

be of great public importance: Does section 775.087(2)(d)’s statement that “The court shall impose

Kelly v. State

137 So. 3d 2, 2014 WL 996521, 2014 Fla. App. LEXIS 3599

District Court of Appeal of Florida | Filed: Mar 14, 2014 | Docket: 60240287

Cited 5 times | Published

*3charges, both to run concurrently. Pursuant to section 775.087(2)(a), Florida Statutes (the “10-20-Life statute”)

Figueroa v. State

84 So. 3d 1158, 2012 WL 1058893, 2012 Fla. App. LEXIS 5006

District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 60306610

Cited 5 times | Published

Florida Statutes (1998), with no mention of section 775.087, Florida Statutes (1998). Figueroa does not

Flowers v. State

69 So. 3d 1042, 2011 Fla. App. LEXIS 14656, 2011 WL 4104995

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2357729

Cited 5 times | Published

term of life in prison, is illegal because section 775.087(2)(a)3, Florida Statutes, limits the minimum

Wooden v. State

42 So. 3d 837, 2010 Fla. App. LEXIS 10805, 2010 WL 2867103

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 812688

Cited 5 times | Published

reclassified to a first degree felony pursuant to section 775.087(1)(b), subject to a sentence not to exceed

Dunbar v. State

35 So. 3d 54, 2010 Fla. App. LEXIS 5972, 2010 WL 1726185

District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1646417

Cited 5 times | Published

reclassified to a first-degree felony pursuant to section 775.087(1)(b), subject to an enhanced sentence not

Gardner v. State

30 So. 3d 629, 2010 Fla. App. LEXIS 3329, 2010 WL 935494

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 1639238

Cited 5 times | Published

State. That conclusion is well-supported. See § 775.087(2)(b), (d), Fla. Stat. (2003) (prohibiting imposition

State v. Vanderhoff

14 So. 3d 1185, 2009 Fla. App. LEXIS 9364, 2009 WL 1703267

District Court of Appeal of Florida | Filed: Jun 19, 2009 | Docket: 1157940

Cited 5 times | Published

sentence required by the 10/20/Life statute, section 775.087(2), Florida Statutes (2005). We reverse, as

Hurry v. State

978 So. 2d 854, 2008 WL 916887

District Court of Appeal of Florida | Filed: Apr 7, 2008 | Docket: 2584031

Cited 5 times | Published

reclassified as a first degree felony pursuant to section 775.087(1), Florida Statutes, and was thus punishable

Sanchez v. State

979 So. 2d 1004, 2008 WL 440825

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 1407915

Cited 5 times | Published

`firearm' . . . as defined in s. 790.001. . . ." § 775.087(2)(a)2, Fla. Stat. (1999). For present purposes

State v. Mulus

970 So. 2d 349, 2007 WL 2376669

District Court of Appeal of Florida | Filed: Oct 31, 2007 | Docket: 1694814

Cited 5 times | Published

minimum mandatory *350 sentence pursuant to section 775.087(2)(a)(1)r., Florida Statutes (2005). It was

Collazo v. State

966 So. 2d 429, 2007 WL 2480987

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1678934

Cited 5 times | Published

mandatory sentence for a first-degree felony under section 775.087(2), Florida Statutes (2004). In Collazo I,

Chambers v. State

975 So. 2d 444, 2007 WL 1097953

District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 1424540

Cited 5 times | Published

enhanced penalty under the 10-20-life statute. See § 775.087(2), Florida Statutes (2002). Specifically, based

McDuffie v. State

946 So. 2d 99, 2006 WL 3821849

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1771130

Cited 5 times | Published

in s. 775.082, s. 775.083, or s. 775.084." Section 775.087, Florida Statutes (1991), states: (1) Unless

Mobley v. State

939 So. 2d 213, 2006 WL 2872527

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 253328

Cited 5 times | Published

charged with "discharging" a firearm under section 775.087(2)(a)2., Fla. Stat. (2002). Rather, the appellant

Campbell v. State

935 So. 2d 614, 2006 WL 2270351

District Court of Appeal of Florida | Filed: Aug 9, 2006 | Docket: 1671160

Cited 5 times | Published

attempted trafficking in cocaine charges under section 775.087(1), Florida Statutes (2000).[4] We agree. *618

Sanders v. State

912 So. 2d 1286, 2005 WL 2897052

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 1755557

Cited 5 times | Published

felony and impose an enhanced penalty under section 775.087, Florida Statutes (2002), which is commonly

Parker v. State

906 So. 2d 1273, 2005 WL 1787460

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 2554092

Cited 5 times | Published

first-degree felony to a life felony, pursuant to section 775.087(1)(a), Florida Statutes (2001), for carrying

Hill v. State

895 So. 2d 1122, 2005 WL 235841

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 1674234

Cited 5 times | Published

the 10-2-life [sic] statute, that being Florida Statute 775.087. Do you further understand that? [HILL

Thompson v. State

862 So. 2d 955, 2004 WL 86184

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 1762392

Cited 5 times | Published

imposing minimum mandatory sentences pursuant to section 775.087, Florida Statutes (Supp.1996), we reverse and

State v. Waldron

835 So. 2d 1217, 2003 WL 161718

District Court of Appeal of Florida | Filed: Jan 24, 2003 | Docket: 353026

Cited 5 times | Published

in accordance with the 10/20/Life statute, section 775.087(2)(a)3., Florida Statutes. The defendant was

Mendez v. State

835 So. 2d 348, 2003 WL 141633

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 1754946

Cited 5 times | Published

three year minimum term of imprisonment under section 775.087). We remand with directions that the trial

Burris v. State

825 So. 2d 1034, 2002 WL 31039623

District Court of Appeal of Florida | Filed: Sep 13, 2002 | Docket: 1312312

Cited 5 times | Published

unnecessary because the State could proceed under section 775.087, Florida Statutes (2001), which enhances by

Green v. State

792 So. 2d 643, 2001 WL 969425

District Court of Appeal of Florida | Filed: Aug 27, 2001 | Docket: 1735502

Cited 5 times | Published

appeal, we are asked to determine whether section 775.087(2)-(7), Florida Statutes (1999), commonly referred

Cook v. State

775 So. 2d 425, 2001 WL 27557

District Court of Appeal of Florida | Filed: Jan 12, 2001 | Docket: 1188673

Cited 5 times | Published

the information, were erroneously stacked. Section 775.087(2), Florida Statutes (1996), authorizes imposition

Lovett v. State

773 So. 2d 574, 2000 WL 1700878

District Court of Appeal of Florida | Filed: Nov 15, 2000 | Docket: 1291580

Cited 5 times | Published

weapon, namely, a tire iron, in violation of section 775.087, Florida Statutes (1993). This offense was

State v. Calzada-Padron

708 So. 2d 287, 1996 WL 738872

District Court of Appeal of Florida | Filed: Dec 27, 1996 | Docket: 426872

Cited 5 times | Published

required pursuant to section 775.087(2), Florida Statutes (1993). We agree. Section 775.087(2) contains no

Grant v. State

677 So. 2d 45, 1996 WL 382227

District Court of Appeal of Florida | Filed: Jul 10, 1996 | Docket: 1689962

Cited 5 times | Published

this case a concrete brick, in violation of section 775.087, Florida Statutes (1993). The judgment categorized

Hargrove v. State

675 So. 2d 1010, 1996 WL 332347

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 1694549

Cited 5 times | Published

enhancement or mandatory sentencing provisions of section 775.087 would be an invasion of the jury's historical

Brown v. State

661 So. 2d 309, 1995 WL 437263

District Court of Appeal of Florida | Filed: Jul 26, 1995 | Docket: 532122

Cited 5 times | Published

with a firearm is a felony of the second degree, § 775.087(1), Fla. Stat. (1991), while attempted manslaughter

Brown v. State

661 So. 2d 309, 1995 WL 437263

District Court of Appeal of Florida | Filed: Jul 26, 1995 | Docket: 532122

Cited 5 times | Published

with a firearm is a felony of the second degree, § 775.087(1), Fla. Stat. (1991), while attempted manslaughter

Bradham v. State

657 So. 2d 40, 1995 WL 376690

District Court of Appeal of Florida | Filed: Jun 27, 1995 | Docket: 464052

Cited 5 times | Published

separate conviction for aggravated battery. Section 775.087(1)(a), Florida Statutes, provides for re-classification

Bradham v. State

657 So. 2d 40, 1995 WL 376690

District Court of Appeal of Florida | Filed: Jun 27, 1995 | Docket: 464052

Cited 5 times | Published

separate conviction for aggravated battery. Section 775.087(1)(a), Florida Statutes, provides for re-classification

Demps v. State

649 So. 2d 938, 1995 WL 51128

District Court of Appeal of Florida | Filed: Feb 10, 1995 | Docket: 1320550

Cited 5 times | Published

year minimum mandatory sentence pursuant to section 775.087(2), Florida Statutes (1993), because based

Kio v. State

624 So. 2d 744, 1993 WL 347789

District Court of Appeal of Florida | Filed: Sep 3, 1993 | Docket: 475188

Cited 5 times | Published

reclassified to a life felony by operation of section 775.087(1)(a), Florida Statutes, if a firearm is used

State v. Brown

476 So. 2d 660, 10 Fla. L. Weekly 531

Supreme Court of Florida | Filed: Sep 26, 1985 | Docket: 1681389

Cited 5 times | Published

first-degree felonies to life felonies, pursuant to section 775.087(1)(a). On appeal, the district court held that

Dominguez v. State

461 So. 2d 277, 10 Fla. L. Weekly 114

District Court of Appeal of Florida | Filed: Jan 3, 1985 | Docket: 1514602

Cited 5 times | Published

Fla.R.Crim.P. 3.701(d)(11). [5] Compare section 775.087, Florida Statutes (1983), which does reclassify

Jones v. State

356 So. 2d 4

District Court of Appeal of Florida | Filed: Jul 26, 1977 | Docket: 1478508

Cited 5 times | Published

three-year mandatory sentence pursuant to Section 775.087(2), Florida Statutes (1975), is required for

Hester v. State

267 So. 3d 1084

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64710111

Cited 4 times | Published

consecutive terms based on the 10/20/Life law. See § 775.087, Fla. Stat. Hester appealed in both cases, and

Kishon Larhame Birch v. State of Florida

248 So. 3d 1213

District Court of Appeal of Florida | Filed: May 25, 2018 | Docket: 6915076

Cited 4 times | Published

to invoke the 10-20-Life sentence enhancement. § 775.087(2)(a)1., Fla. Stat. (2012) (requiring that the

Jacobs v. State

162 So. 3d 29, 2014 Fla. App. LEXIS 7642, 2014 WL 2100805

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60247470

Cited 4 times | Published

that the firearm reclassification statute, section 775.087(1), Florida Statutes (1995), was not cited

Starks v. State

128 So. 3d 91, 2013 WL 5225311, 2013 Fla. App. LEXIS 14839

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237212

Cited 4 times | Published

murder was enhanced to a life felony under section 775.087, Florida Statutes (2000), because of his use

Arnett v. State

128 So. 3d 87, 2013 WL 4997480, 2013 Fla. App. LEXIS 14702

District Court of Appeal of Florida | Filed: Sep 13, 2013 | Docket: 60237184

Cited 4 times | Published

being in “actual possession” of the firearm. Section 775.087(2)(a)l.r., Florida Statutes (2008), provides

Johnson v. State

120 So. 3d 629, 2013 WL 4734048, 2013 Fla. App. LEXIS 14083

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234171

Cited 4 times | Published

ALTENBERND, J., Dissents with opinion. . See § 775.087(2)(a)(3), Fla. Stat. (2004). . Strickland v

Wiley v. State

125 So. 3d 235, 2013 WL 692412, 2013 Fla. App. LEXIS 3197

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60235803

Cited 4 times | Published

Mr. Starks.” Under defense counsel’s view, section 775.087(2)(a)3., Florida Statutes (2009), should not

Jean-Michel v. State

96 So. 3d 1043, 2012 WL 3711438, 2012 Fla. App. LEXIS 14495

District Court of Appeal of Florida | Filed: Aug 29, 2012 | Docket: 60311392

Cited 4 times | Published

than life pursuant to the 10-20-Life statute, section 775.087(2)(d), Florida Statutes, and did not exercise

Cosme v. State

89 So. 3d 1096, 2012 Fla. App. LEXIS 9570, 2012 WL 2120865

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60308549

Cited 4 times | Published

charges as first-degree felonies, pursuant to section 775.087, Florida Statutes (2005), was improper. “ ‘The

Delgado v. State

43 So. 3d 132, 2010 Fla. App. LEXIS 12389, 2010 WL 3324434

District Court of Appeal of Florida | Filed: Aug 25, 2010 | Docket: 2400805

Cited 4 times | Published

actually possessing a firearm in violation of section 775.087(2), Florida Statutes (2005). The defendant

Jackson v. State

29 So. 3d 1152, 2010 Fla. App. LEXIS 903, 2010 WL 366616

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1643010

Cited 4 times | Published

resulted in a reclassification to a life felony. See § 775.087(1)(a), Fla. Stat. (1987). The maximum sentence

Lamb v. State

32 So. 3d 117, 2009 Fla. App. LEXIS 16879, 2009 WL 3787321

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 689043

Cited 4 times | Published

third-degree felony to a second-degree felony. See § 775.087(1).

Cunningham v. State

22 So. 3d 127, 2009 Fla. App. LEXIS 16370, 2009 WL 3617920

District Court of Appeal of Florida | Filed: Nov 4, 2009 | Docket: 60267014

Cited 4 times | Published

twenty-five-year mandatory minimum pursuant to section 775.087(2), Florida Statutes (2002). On counts II and

Green v. State

18 So. 3d 656, 2009 Fla. App. LEXIS 12885, 2009 WL 2835210

District Court of Appeal of Florida | Filed: Sep 4, 2009 | Docket: 1178886

Cited 4 times | Published

felony pursuant to section 775.087(1)(a), Florida Statutes (2003). Section 775.087(1)(a) provides for

Webb v. State

997 So. 2d 469, 2008 WL 5191501

District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 1720816

Cited 4 times | Published

The jury chose option A on the verdict form. Section 775.087(1) requires that a second-degree felony be

Aroche v. State

993 So. 2d 568, 2008 WL 4643799

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 469667

Cited 4 times | Published

statute, and charged the use of the weapon under section 775.087, enhancement of the conviction was permitted")

Brown v. State

983 So. 2d 706, 2008 WL 2309045

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 455246

Cited 4 times | Published

25-year minimum mandatory term pursuant to section 775.087(2), Florida Statutes (2001) (the 10-20-life

Parker v. State

977 So. 2d 671, 2008 WL 508401

District Court of Appeal of Florida | Filed: Feb 27, 2008 | Docket: 551010

Cited 4 times | Published

minimum for the use of a firearm, pursuant to section 775.087, Florida Statutes (1999). Additionally, the

Perry v. State

973 So. 2d 1289, 2008 WL 441475

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 2529557

Cited 4 times | Published

carjacking with a firearm. Case law interpreting section 775.087(2)(d), Florida Statutes, holds that imposition

Valentin v. State

963 So. 2d 317, 2007 WL 2330666

District Court of Appeal of Florida | Filed: Aug 17, 2007 | Docket: 1328152

Cited 4 times | Published

minimum mandatory terms imposed pursuant to section 775.087(2), Florida Statutes (1997), for the crimes

Ruth v. State

949 So. 2d 288, 2007 WL 412471

District Court of Appeal of Florida | Filed: Feb 8, 2007 | Docket: 1720039

Cited 4 times | Published

reclassified to a life felony pursuant to section 775.087(1), Florida Statutes (2003), which mandates

Alusma v. State

939 So. 2d 1081, 2006 WL 1896729

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 412914

Cited 4 times | Published

based on the use of a firearm pursuant to section 775.087, Florida Statutes (1993). He maintained that

Thomas v. State

932 So. 2d 1221, 2006 WL 1864471

District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285546

Cited 4 times | Published

the minimum mandatory sentence mandated by section 775.087(2), Florida Statutes (2000). Consistent with

Bertke v. State

927 So. 2d 76, 2006 WL 888740

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1764942

Cited 4 times | Published

minimum mandatory period of twenty-five years. See § 775.087(2)(a)3., Fla. Stat. (2001). His conviction and

Roberts v. State

923 So. 2d 578, 2006 WL 733787

District Court of Appeal of Florida | Filed: Mar 24, 2006 | Docket: 1496606

Cited 4 times | Published

"reclassification" provisions of section 775.087, Florida Statutes (2005). Section 775.087 provides as follows: (1)

Adams v. State

916 So. 2d 36, 2005 WL 3299879

District Court of Appeal of Florida | Filed: Dec 7, 2005 | Docket: 2585368

Cited 4 times | Published

twenty-five years' imprisonment pursuant to section 775.087(2)(a)(3), Florida Statutes (2001). The information

Washington v. State

912 So. 2d 344, 2005 WL 2447859

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 1755614

Cited 4 times | Published

twenty-year minimum mandatory sentence under section 775.087(2)(a)(2), Florida Statutes (2004), the penalties

Elozar v. State

872 So. 2d 934, 2004 WL 587651

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1357560

Cited 4 times | Published

first issue revolves around the provisions of section 775.087(2)(d), Florida Statutes (1999),[1] which states:

Koch v. State

874 So. 2d 606, 2004 WL 256435

District Court of Appeal of Florida | Filed: Feb 13, 2004 | Docket: 1473580

Cited 4 times | Published

of 20 years in prison, imposed pursuant to section 775.087(2)(a)2., after a jury found him guilty of aggravated

Arutyunyan v. State

863 So. 2d 410, 2003 WL 23094856

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1728643

Cited 4 times | Published

Consequently, pursuant to the 10/20/life statute, section 775.087(2)(a)2., Florida Statutes (2002), the trial

Crawford v. State

858 So. 2d 1131, 2003 WL 22459119

District Court of Appeal of Florida | Filed: Oct 31, 2003 | Docket: 2565566

Cited 4 times | Published

erred in utilizing the weapon enhancement in section 775.087(1), Florida Statutes (1997), we reverse and

State v. Moore

854 So. 2d 832, 2003 WL 22148878

District Court of Appeal of Florida | Filed: Sep 19, 2003 | Docket: 1747289

Cited 4 times | Published

charged with, and convicted of, violating section 775.087(2)(a)1 of the Florida Statutes (2001). The

Scott v. State

842 So. 2d 1054, 2003 WL 1916753

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 2546616

Cited 4 times | Published

ten-year mandatory minimum sentence pursuant to section 775.087(2)(a), *1055 Florida Statutes ("10-20-Life")

Green v. State

845 So. 2d 895, 2003 WL 728968

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 1728872

Cited 4 times | Published

offense in accordance with the 10-20-life statute. § 775.087(2), Fla. Stat. (2000). The ten year minimum mandatory

Schirmer v. State

837 So. 2d 587, 2003 WL 327504

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1527559

Cited 4 times | Published

and 2., Fla. Stat. [2] § 782.04(2); § 777.04; § 775.087, Fla. Stat. [3] U.S. Const. Amend V; Fla. Const

Schirmer v. State

837 So. 2d 587, 2003 WL 327504

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1527559

Cited 4 times | Published

and 2., Fla. Stat. [2] § 782.04(2); § 777.04; § 775.087, Fla. Stat. [3] U.S. Const. Amend V; Fla. Const

Williams v. State

820 So. 2d 1000, 2002 WL 1369233

District Court of Appeal of Florida | Filed: Jun 26, 2002 | Docket: 280041

Cited 4 times | Published

concurrently instead of consecutively as required by section 775.087(2)(d), Florida Statutes (1999). Pursuant to

Nelson v. State

811 So. 2d 761, 2002 WL 341827

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1717614

Cited 4 times | Published

mandatory minimum term of incarceration under section 775.087(2), Florida Statutes (1999), commonly referred

Brown v. State

806 So. 2d 576, 2002 WL 111966

District Court of Appeal of Florida | Filed: Jan 30, 2002 | Docket: 1341957

Cited 4 times | Published

pursuant to the weapon enhancement provision in section 775.087(1)(b), Florida Statutes (1999).[1] Brown claims

Maxwell v. State

803 So. 2d 815, 2001 WL 1657216

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 1784835

Cited 4 times | Published

addition to the weapon enhancement provisions of section 775.087(1) to counts two (aggravated battery with a

Ferguson v. State

804 So. 2d 411, 2001 WL 1190049

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 1699530

Cited 4 times | Published

minimum for possession of a firearm pursuant to section 775.087(2). There were no other offenses at conviction

Darrow v. State

789 So. 2d 552, 2001 WL 844454

District Court of Appeal of Florida | Filed: Jul 27, 2001 | Docket: 641758

Cited 4 times | Published

the trial court ruled the 1999 revision to section 775.087(2)(a) (known as the 10-20-life statute) superseded

Darrow v. State

789 So. 2d 552, 2001 WL 844454

District Court of Appeal of Florida | Filed: Jul 27, 2001 | Docket: 641758

Cited 4 times | Published

the trial court ruled the 1999 revision to section 775.087(2)(a) (known as the 10-20-life statute) superseded

Bogdanon v. State

763 So. 2d 376, 2000 WL 525423

District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1417305

Cited 4 times | Published

utilizing the deadly weapon enhancement in section 775.087(1)(b), Florida Statutes (1997), because the

Asbell v. State

715 So. 2d 258, 1998 WL 394130

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1716928

Cited 4 times | Published

be assessed against offenses enumerated in section 775.087(2), Florida Statutes (1993). Attempted murder

Minor v. State

707 So. 2d 1184, 1998 WL 131405

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 1676099

Cited 4 times | Published

reclassification as a first-degree felony under section 775.087(1), Florida Statutes (1993). We disagree. Defendant

State v. Paulino

696 So. 2d 425, 1997 WL 355126

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1325792

Cited 4 times | Published

three-year minimum mandatory term pursuant to section 775.087(2), Florida Statutes (1993), because Paulino

Kenny v. State

693 So. 2d 1136, 1997 WL 268491

District Court of Appeal of Florida | Filed: May 22, 1997 | Docket: 1524387

Cited 4 times | Published

mandatory minimum term of ten years. Pursuant to section 775.087(2), Florida Statutes (1995), the court also

State v. Tinsley

683 So. 2d 1089, 1996 WL 660986

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 466208

Cited 4 times | Published

attempted second degree murder offense pursuant to section 775.087(1) to a first degree offense because use of

Knight v. State

668 So. 2d 596, 1996 WL 73783

Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 429265

Cited 4 times | Published

CALENDAR YEARS MUST BE IMPOSED PURSUANT TO SECTION 775.087(2)(a), FLORIDA STATUTES (1991)? Knight v. State

Buffa v. Singletary

652 So. 2d 885, 20 Fla. L. Weekly Fed. D 682

District Court of Appeal of Florida | Filed: Mar 14, 1995 | Docket: 475951

Cited 4 times | Published

mandatory portion of his sentence, imposed under section 775.087(2), Florida Statutes (1991) for possession

Belcher v. State

550 So. 2d 1185, 1989 WL 129788

District Court of Appeal of Florida | Filed: Nov 2, 1989 | Docket: 1370820

Cited 4 times | Published

thereafter they were arrested by police officers. Section 775.087(2) provides for a three year mandatory minimum

Jones v. State

546 So. 2d 1134, 1989 WL 81240

District Court of Appeal of Florida | Filed: Jul 21, 1989 | Docket: 1442823

Cited 4 times | Published

"primary offense at conviction." Pursuant to Section 775.087(1)(a), Florida Statutes, whenever a person

State v. Smith

470 So. 2d 764, 10 Fla. L. Weekly 1338

District Court of Appeal of Florida | Filed: May 30, 1985 | Docket: 1676689

Cited 4 times | Published

year minimum mandatory period provided by section 775.087(2), Florida Statutes (1983). Second degree

Harper v. State

386 So. 2d 808

District Court of Appeal of Florida | Filed: Jun 13, 1980 | Docket: 477038

Cited 4 times | Published

twice punished for the same criminal act. Section 775.087(1), Florida Statutes provides that whenever

Aaron Beal Wanless v. State of Florida

271 So. 3d 1219

District Court of Appeal of Florida | Filed: May 6, 2019 | Docket: 15059379

Cited 3 times | Published

experts who evaluate defendants for 1 § 775.087, Fla. Stat. (2015).

United States v. Clifford B. Gandy, Jr.

917 F.3d 1333

Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 2019 | Docket: 14627611

Cited 3 times | Published

ten-year minimum mandatory term under Fla. Stat. § 775.087(2)(a)(i) because the State's charging document

Burns v. State

212 So. 3d 546, 2017 WL 1093200, 2017 Fla. App. LEXIS 3871

District Court of Appeal of Florida | Filed: Mar 23, 2017 | Docket: 60263388

Cited 3 times | Published

precedent, that the sentences imposed pursuant to section 775.087(2), Florida Statutes, had to be consecutive

Bienaime v. State

213 So. 3d 927, 2017 WL 922395, 2017 Fla. App. LEXIS 3105

District Court of Appeal of Florida | Filed: Mar 8, 2017 | Docket: 60263948

Cited 3 times | Published

minimum twenty-five years in prison under section 775.087(2)(a), Florida Statutes (2013) (known as the

Cortez Hatten v. State of Florida

203 So. 3d 142, 41 Fla. L. Weekly Supp. 352, 2016 Fla. LEXIS 1910

Supreme Court of Florida | Filed: Aug 25, 2016 | Docket: 4416255

Cited 3 times | Published

with a 25-year mandatory minimum pursuant to section 775.087(2), the 10-20-Life statute. We agree.

Connolly, Jr. v. State

172 So. 3d 893, 2015 Fla. App. LEXIS 11352

District Court of Appeal of Florida | Filed: Jul 29, 2015 | Docket: 2679137

Cited 3 times | Published

language of the reclassification statute, section 775.087(1), Florida Statutes (1981), and its interplay

Hatten v. State

152 So. 3d 849, 2014 Fla. App. LEXIS 20451, 2014 WL 7261284

District Court of Appeal of Florida | Filed: Dec 16, 2014 | Docket: 60245002

Cited 3 times | Published

year to life minimum mandatory range under section 775.087(2)(a)(3) does not create a new statutory maximum

Ellis v. State

135 So. 3d 478, 2014 WL 1133312, 2014 Fla. App. LEXIS 4220

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239652

Cited 3 times | Published

DCA 2013) (addressing an enhancement under section 775.087(2)(a)(3), Florida Statutes (1999), which requires

Chase v. State

74 So. 3d 1138, 2011 Fla. App. LEXIS 18973, 2011 WL 5964576

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 2578036

Cited 3 times | Published

second-degree felony to a first-degree felony under section 775.087(1), Florida Statutes (2009). The circuit court

Gallentine v. State

55 So. 3d 728, 2011 Fla. App. LEXIS 2855, 2011 WL 748088

District Court of Appeal of Florida | Filed: Mar 4, 2011 | Docket: 2583490

Cited 3 times | Published

three-year mandatory minimum sentence under section 775.087(2)(a)(1)(r), Florida Statutes (2008), for possession

Johnson v. State

53 So. 3d 360, 2011 Fla. App. LEXIS 231, 2011 WL 180368

District Court of Appeal of Florida | Filed: Jan 21, 2011 | Docket: 60298082

Cited 3 times | Published

sentence of twenty-five years pursuant to section 775.087(2)(a)3., Florida Statutes (2007), where the

Ibarra v. State

45 So. 3d 911, 2010 Fla. App. LEXIS 14485, 2010 WL 3766877

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2396079

Cited 3 times | Published

ten-year mandatory minimum term imposed under section 775.087(2)(a), Florida Statutes, was unlawful because

Hernandez v. State

30 So. 3d 610, 2010 Fla. App. LEXIS 2926, 35 Fla. L. Weekly Fed. D 570

District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 1120709

Cited 3 times | Published

charge to a first-degree felony pursuant to section 775.087(1), Florida Statutes (2003). Defense counsel

Brown v. State

21 So. 3d 108, 2009 Fla. App. LEXIS 16076, 2009 WL 3446388

District Court of Appeal of Florida | Filed: Oct 28, 2009 | Docket: 1655933

Cited 3 times | Published

involved sentencing under the 10/20/life statute, section 775.087(2), Florida Statutes, and is distinguishable

Etienne v. State

15 So. 3d 890, 2009 Fla. App. LEXIS 10743, 2009 WL 2382279

District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1660998

Cited 3 times | Published

pre-date the Legislature's 1999 amendment of section 775.087(2)(d), Florida Statutes, which added subsection

Figueroa-Montalvo v. State

10 So. 3d 173, 2009 Fla. App. LEXIS 2842, 2009 WL 873549

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1133166

Cited 3 times | Published

reclassified to a life felony pursuant to section 775.087(1), Florida Statutes (2007), based upon the

Potter v. State

997 So. 2d 1215, 2008 WL 5391930

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1299506

Cited 3 times | Published

affirmed without further discussion. *1216 Under section 775.087(2)(a), Florida Statutes (2005), a mandatory

Williams v. State

997 So. 2d 486, 33 Fla. L. Weekly Fed. D 2853

District Court of Appeal of Florida | Filed: Dec 17, 2008 | Docket: 1377977

Cited 3 times | Published

mandatory minimum term in accordance with section 775.087(2)(a)(1), Florida Statutes (2005). Because

Redding v. State

996 So. 2d 875, 2008 WL 4600971

District Court of Appeal of Florida | Filed: Oct 17, 2008 | Docket: 1315535

Cited 3 times | Published

sentence that was imposed on Count I pursuant to section 775.087(2)(a)1., Florida Statutes (2006), because the

Jones v. State

988 So. 2d 15, 2008 WL 2312623

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1722195

Cited 3 times | Published

finding that he actually possessed the firearm. Section 775.087(2)(a)(1), Florida Statutes (2003), enhances

Sousa v. State

976 So. 2d 639, 2008 WL 612346

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1679748

Cited 3 times | Published

offense was reclassified as a first-degree felony. § 775.087(1)(b). The maximum term of imprisonment for a

Postell v. State

971 So. 2d 986, 2008 WL 45524

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1731964

Cited 3 times | Published

mandatory enhancement to life felonies under section 775.087, Florida Statutes.[5] Florida courts have considered

Fillmore v. State

970 So. 2d 452, 32 Fla. L. Weekly Fed. D 2878

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1323874

Cited 3 times | Published

the serving of a mandatory minimum sentence. § 775.087(2)(a); Young v. State, 638 So.2d 532 (Fla. 2d

Taylor v. State

969 So. 2d 489, 2007 WL 3390933

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 1403818

Cited 3 times | Published

firearm during the commission of the offenses. See § 775.087(2), Fla. Stat. (1995). While Mr. Taylor was resentenced

Joseph v. State

965 So. 2d 357, 2007 WL 2781122

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1509056

Cited 3 times | Published

contrary to F.S. 810.02(1), F.S. 810.02(2) and F.S. 775.087(2)[.] (Emphasis added). [2] As for Defendant's

Joseph v. State

965 So. 2d 357, 2007 WL 2781122

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1509056

Cited 3 times | Published

contrary to F.S. 810.02(1), F.S. 810.02(2) and F.S. 775.087(2)[.] (Emphasis added). [2] As for Defendant's

Mendoza v. State

941 So. 2d 523, 2006 WL 3209935

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 431642

Cited 3 times | Published

life felony for use of a firearm pursuant to section 775.087(1)(a), Florida Statutes (2002). As to the conspiracy

State v. Douglas

919 So. 2d 481, 2005 WL 2861105

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 389672

Cited 3 times | Published

violation of § 794.011(3) and § 775.087, Fla. Stats...." While section 775.087, Florida Statutes, is most

McDonald v. State

912 So. 2d 74, 2005 WL 2373908

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1755706

Cited 3 times | Published

legislative intent of the 10-20-LIFE statute. § 775.087, Fla. Stat. (2000). McDonald was convicted after

Hargrove v. State

905 So. 2d 275, 2005 WL 1540225

District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 98893

Cited 3 times | Published

murder pursuant to the 10-20-life statute, see § 775.087(2)(a), Fla. Stat. (2001), and to a concurrent

Frazier v. State

877 So. 2d 838, 2004 WL 1506160

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1684428

Cited 3 times | Published

reclassified as a life felony pursuant to section 775.087(1)(a). Consequently, his sentence under the

Washington v. State

876 So. 2d 1242, 2004 WL 1454432

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 2543942

Cited 3 times | Published

pursuant *1243 to the 10/20/Life statute, section 775.087(2)(a)1, Florida Statutes (2002). See Bundrage

Malcolm v. State

873 So. 2d 378, 2004 WL 626159

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 2566679

Cited 3 times | Published

mandatory minimum for use of a firearm under section 775.087(2)(a), Florida Statutes ("10-20-life"). For

McClenithan v. State

855 So. 2d 675, 2003 WL 22213712

District Court of Appeal of Florida | Filed: Sep 26, 2003 | Docket: 1752630

Cited 3 times | Published

imposed for the aggravated assault pursuant to section 775.087(2)(a)(2), Florida Statutes (2001) (the 10/20/Life

Williams v. State

850 So. 2d 656, 2003 WL 21729421

District Court of Appeal of Florida | Filed: Jul 28, 2003 | Docket: 1783388

Cited 3 times | Published

conviction could not be enhanced pursuant to section 775.087, Florida Statutes (1977), because the use of

Irons v. State

851 So. 2d 798, 2003 WL 21713693

District Court of Appeal of Florida | Filed: Jul 25, 2003 | Docket: 2524107

Cited 3 times | Published

mandatory sentence enhancement pursuant to section 775.087(2)(a)(1)(r). Irons contends that the three-year

Brady v. State

839 So. 2d 836, 2003 WL 729036

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 2588930

Cited 3 times | Published

Release Reoffender Punishment Act ("PRRPA") and section 775.087(2)(a), the "10-20-Life" statute, where the

Price v. State

838 So. 2d 587, 2003 WL 118272

District Court of Appeal of Florida | Filed: Jan 15, 2003 | Docket: 461409

Cited 3 times | Published

a weapon is classified as a life felony. See § 775.087(1)(a), Florida Statutes (2000). Therefore, we

Amos v. State

833 So. 2d 841, 2002 WL 31828375

District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 1258652

Cited 3 times | Published

minimum and fifteen years at maximum. Relying on section 775.087(2)(a)3, Florida Statutes,[1] however, the trial

Law v. State

824 So. 2d 1055, 2002 WL 2029418

District Court of Appeal of Florida | Filed: Sep 6, 2002 | Docket: 1434976

Cited 3 times | Published

sentence, in accordance with the provisions of section 775.087(2) of the Florida Statutes (2000), by ordering

Olivo v. State

823 So. 2d 872, 2002 WL 1939954

District Court of Appeal of Florida | Filed: Aug 23, 2002 | Docket: 308978

Cited 3 times | Published

for armed burglary of a dwelling pursuant to section 775.087(2), Florida Statutes (2001), commonly referred

Bush v. State

823 So. 2d 833, 2002 WL 1968844

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 2571369

Cited 3 times | Published

mandatory term of imprisonment pursuant to section 775.087(2), Florida Statutes (1999). *834 Mr. Bush

Tunsil v. State

797 So. 2d 651, 2001 WL 1266231

District Court of Appeal of Florida | Filed: Oct 24, 2001 | Docket: 1359293

Cited 3 times | Published

felony on account of the use of a firearm. Id. § 775.087(1). The court determined that the defendant was

Terry v. State

791 So. 2d 1162, 2001 WL 826709

District Court of Appeal of Florida | Filed: Jul 24, 2001 | Docket: 507324

Cited 3 times | Published

sentence for possession of a firearm pursuant to section 775.087(2), Florida Statutes, and certain costs, fees

Blanchard v. State

767 So. 2d 573, 2000 WL 1268843

District Court of Appeal of Florida | Filed: Sep 8, 2000 | Docket: 1193999

Cited 3 times | Published

scored as a first degree felony pursuant to section 775.087(1), Florida Statutes. AFFIRMED. SAWAYA and

Harris v. State

766 So. 2d 403, 2000 WL 1132952

District Court of Appeal of Florida | Filed: Aug 11, 2000 | Docket: 2540887

Cited 3 times | Published

improperly enhanced to a life felony pursuant to section 775.087, Florida Statutes (1995). The use of a weapon

Osorio v. State

746 So. 2d 490, 1999 WL 821206

District Court of Appeal of Florida | Filed: Oct 15, 1999 | Docket: 1360206

Cited 3 times | Published

improperly reclassified this offense pursuant to section 775.087(1), Florida Statutes (1997), because the use

Patterson v. State

693 So. 2d 74, 1997 WL 205201

District Court of Appeal of Florida | Filed: Apr 28, 1997 | Docket: 879766

Cited 3 times | Published

reclassified to second-degree felonies pursuant to section 775.087, Florida Statutes, because appellant possessed

Samuels v. State

681 So. 2d 915, 1996 WL 604509

District Court of Appeal of Florida | Filed: Oct 23, 1996 | Docket: 2549623

Cited 3 times | Published

sentence for shooting into an occupied dwelling. Section 775.087(2), Florida Statutes (1991) does not apply

Shabazz v. State

674 So. 2d 920, 1996 WL 295053

District Court of Appeal of Florida | Filed: Jun 5, 1996 | Docket: 1140708

Cited 3 times | Published

three-year mandatory minimum as required by section 775.087(2), Florida Statutes (1993), it was error for

Staton v. State

636 So. 2d 844, 1994 WL 169961

District Court of Appeal of Florida | Filed: May 6, 1994 | Docket: 1361459

Cited 3 times | Published

charge the mandatory minimum provisions of section 775.087(2), Florida Statutes (1991). The information

Lareau v. State

554 So. 2d 638, 1989 WL 155662

District Court of Appeal of Florida | Filed: Dec 28, 1989 | Docket: 1318838

Cited 3 times | Published

sentence should be enhanced by the application of section 775.087(1), Florida Statutes (1985): Unless otherwise

Ellison v. State

538 So. 2d 90, 1989 WL 8337

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 2564182

Cited 3 times | Published

not both. The state incorrectly contends that § 775.087 mandates that the third degree felony of aggravated

Diaz v. State

527 So. 2d 300, 1988 WL 63445

District Court of Appeal of Florida | Filed: Jun 24, 1988 | Docket: 529627

Cited 3 times | Published

felony to a life felony, apparently under section 775.087(1)(a), Florida Statutes (1985).[3] This reclassification

Wilson v. State

438 So. 2d 108

District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 1446551

Cited 3 times | Published

during the burglary in violation of § 810.02 and § 775.087(2), Florida Statutes (1981). Following his nolo

Adam Lloyd Shepard v. State of Florida

259 So. 3d 701

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119866

Cited 2 times | Published

under Florida’s reclassification statute, section 775.087(1), Florida Statutes (2011). The First District’s

Robert R. Miller v. State of Florida

265 So. 3d 457

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982203

Cited 2 times | Published

In 1997, we considered the application of section 775.087(2)(a), Florida Statutes (1993), where a defendant

Rivera v. State

235 So. 3d 983

District Court of Appeal of Florida | Filed: Dec 20, 2017 | Docket: 60287248

Cited 2 times | Published

firearm and caused great bodily harm. Under section 775.087(2)(a)(3), if the jury finds beyond a reasonable

Palanski Swain v. State of Florida

226 So. 3d 1002, 2017 WL 3428456, 2017 Fla. App. LEXIS 11495

District Court of Appeal of Florida | Filed: Aug 10, 2017 | Docket: 6135901

Cited 2 times | Published

under the sentencing enhancement provided in section 775.087(2)(a)l., Florida Statutes (2016). Both

Butner v. State

217 So. 3d 1162, 2017 WL 1534812, 2017 Fla. App. LEXIS 5899

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265634

Cited 2 times | Published

the trial court erroneously believed that section 775.087(2)(d), 'Florida Statutes (2012), required that

Ivory Lee Robinson v. State of Florida

215 So. 3d 1262, 2017 Fla. App. LEXIS 4539

District Court of Appeal of Florida | Filed: Apr 4, 2017 | Docket: 4668613

Cited 2 times | Published

sentence imposed under the “10-20-Life” law. See § 775.087, Fla, Stat. In the first claim, he asserts he

Jeremiah T. Pinkard v. State

185 So. 3d 1289, 2016 WL 742583

District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3045500

Cited 2 times | Published

to thirty years imprisonment. See § 775.087, Fla. Stat. (2011). Appellant’s sentence for Count

Abrakata v. State

168 So. 3d 251, 2015 Fla. App. LEXIS 9302, 2015 WL 3777704

District Court of Appeal of Florida | Filed: Jun 18, 2015 | Docket: 60248627

Cited 2 times | Published

firearm during the commission of the offense. See § 775.087(l)(b), Fla. Stat. The mandatory minimum term was

Johnson v. State

149 So. 3d 727, 2014 Fla. App. LEXIS 17288, 2014 WL 5392953

District Court of Appeal of Florida | Filed: Oct 24, 2014 | Docket: 60243984

Cited 2 times | Published

twenty-five-year minimum enhancement set forth in section 775,087(2)(a)3., Florida Statutes (2007), commonly

Ford v. State

145 So. 3d 202, 2014 WL 4056558, 2014 Fla. App. LEXIS 12658

District Court of Appeal of Florida | Filed: Aug 18, 2014 | Docket: 60242658

Cited 2 times | Published

sentences have been illegally enhanced pursuant to section 775.087(1) from first-degree felonies to life felonies

Morgan v. State

137 So. 3d 1075, 2014 WL 1052351, 2014 Fla. App. LEXIS 3975

District Court of Appeal of Florida | Filed: Mar 19, 2014 | Docket: 60240154

Cited 2 times | Published

Criminal Procedure 3.800(a). Morgan asserts that section 775.087(2)(d), commonly known as Florida’s “10-20-Life”

Lee v. State

130 So. 3d 707, 2013 WL 6212029, 2013 Fla. App. LEXIS 18893

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60237854

Cited 2 times | Published

imprisonment, it was undisputed at the hearing that section 775.087, Florida Statutes (1999), applied.1 As a result

Boyers v. State

104 So. 3d 1230, 2012 WL 6603068, 2012 Fla. App. LEXIS 21756

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227375

Cited 2 times | Published

twenty-year mandatory minimum prison sentence under section 775.087(2)(a)(2), Florida Statutes (2006). The transcript

Young v. State

86 So. 3d 541, 2012 WL 1319476, 2012 Fla. App. LEXIS 6046

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60307706

Cited 2 times | Published

enhanced pursuant to the “10-20-Life” statute, section 775.087(2)(a), Florida Statutes (2002). See Rogers

Gentile v. State

87 So. 3d 55, 2012 WL 1317102, 2012 Fla. App. LEXIS 6058

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60308013

Cited 2 times | Published

first-degree felony to a life felony pursuant to section 775.087(1), Florida Statutes, because the jury allegedly

Garcia v. State

69 So. 3d 1003, 2011 Fla. App. LEXIS 14154, 2011 WL 3903109

District Court of Appeal of Florida | Filed: Sep 7, 2011 | Docket: 60302420

Cited 2 times | Published

consecutive minimum mandatory sentences under section 775.087(2), Florida Statutes (2008), is improper where

Brady v. State

65 So. 3d 599, 2011 Fla. App. LEXIS 11082, 2011 WL 2731213

District Court of Appeal of Florida | Filed: Jul 15, 2011 | Docket: 2360948

Cited 2 times | Published

harm. The First District agreed, explaining: Section 775.087(1) permits reclassification and the consequential

Flores v. State

58 So. 3d 437, 2011 Fla. App. LEXIS 5635, 2011 WL 1485373

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 860096

Cited 2 times | Published

Dawkins v. State, 923 So.2d 520 (Fla. 2d DCA 2005); § 775.087(2)(a)1, Fla. Stat. (2001). The face of the record

McLeod v. State

52 So. 3d 784, 2010 Fla. App. LEXIS 20130, 2010 WL 5391473

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 2408038

Cited 2 times | Published

classified as a first degree felony under section 775.087(1)(b) of the Florida Statutes (2007), carries

Dunbar v. State

46 So. 3d 81, 2010 Fla. App. LEXIS 13420, 2010 WL 3515566

District Court of Appeal of Florida | Filed: Sep 10, 2010 | Docket: 2401025

Cited 2 times | Published

imposition of a mandatory minimum sentence under section 775.087(2) of the Florida Statutes is a nondiscretionary

Lemus v. State

33 So. 3d 774, 2010 Fla. App. LEXIS 5283, 2010 WL 1559096

District Court of Appeal of Florida | Filed: Apr 21, 2010 | Docket: 1155568

Cited 2 times | Published

and was arrested without further incident. Section 775.087(2)(a)2., Florida Statutes (2005), provides

Clowers v. State

31 So. 3d 962, 2010 Fla. App. LEXIS 4863, 2010 WL 1444885

District Court of Appeal of Florida | Filed: Apr 13, 2010 | Docket: 2540516

Cited 2 times | Published

mandatory term of life in prison pursuant to section 775.087, Florida Statutes. Appellant moved to correct

Booth v. State

18 So. 3d 1142, 2009 Fla. App. LEXIS 13781, 2009 WL 2970402

District Court of Appeal of Florida | Filed: Sep 18, 2009 | Docket: 1233146

Cited 2 times | Published

upon Booth's use of a firearm pursuant to section 775.087(1), Florida Statutes (2006). The sentencing

Johnson v. State

17 So. 3d 847, 2009 Fla. App. LEXIS 12520, 2009 WL 2601801

District Court of Appeal of Florida | Filed: Aug 26, 2009 | Docket: 1444025

Cited 2 times | Published

mandatory sentencing of the 10-20-Life statute, section 775.087(2)(a)3., Florida Statutes (2003), because the

Benjamin v. State

8 So. 3d 460, 2009 Fla. App. LEXIS 3169, 2009 WL 996318

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 1221268

Cited 2 times | Published

felony to a first degree felony pursuant to section 775.087(1)(b), Florida Statutes (2007), and sentenced

Lindsay v. State

1 So. 3d 270, 2009 Fla. App. LEXIS 135, 2009 WL 47375

District Court of Appeal of Florida | Filed: Jan 9, 2009 | Docket: 1653894

Cited 2 times | Published

enhancement or mandatory sentencing provisions of section 775.087 would be an invasion of the jury's historical

Linnon v. State

988 So. 2d 70, 2008 WL 2744474

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1385139

Cited 2 times | Published

jury's findings invoked the provisions of section 775.087(2)(a)(3) that required the imposition of a

Leary v. State

980 So. 2d 622, 2008 WL 1958647

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 2174144

Cited 2 times | Published

statute for discharging the weapon. Fla. Stat. § 775.087(2)(a)1-3(2002). Leary pleaded guilty and was sentenced

State v. Scanes

973 So. 2d 659, 2008 WL 313836

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1688197

Cited 2 times | Published

ten-year minimum mandatory sentence set forth in section 775.087, Florida Statutes (2005), as to the Defendant's

Downs v. State

977 So. 2d 572, 2007 WL 4335477

Supreme Court of Florida | Filed: Dec 13, 2007 | Docket: 1529616

Cited 2 times | Published

sentencing enhancement provision provided in section 775.087, Florida Statutes (Supp.1976), and did not

Bartley v. State

969 So. 2d 1171, 2007 WL 4207153

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 2587621

Cited 2 times | Published

three-year mandatory minimum sentence contained in section 775.087(2)(a)1.r., Florida Statutes, for actual possession

Labrador v. State

13 So. 3d 1070, 2007 Fla. App. LEXIS 12744, 2007 WL 2316801

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 1659120

Cited 2 times | Published

reference to aggravated battery by citing to Florida Statute 775.087 (1999), and as such the new information

Freudenberger v. State

940 So. 2d 551, 2006 WL 3040274

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 432807

Cited 2 times | Published

These cases have arisen in the context of section 775.087(2)(a), the "10-20-Life Statute." In *555 one

McCoy v. State

942 So. 2d 919, 2006 WL 2987114

District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 1736919

Cited 2 times | Published

the primary offense was properly scored. See § 775.087(1), Fla. Stat. (2002). Affirmed in part, reversed

Ramirez v. State

928 So. 2d 420, 2006 WL 1148523

District Court of Appeal of Florida | Filed: Apr 26, 2006 | Docket: 1713672

Cited 2 times | Published

the commission of the kidnapping pursuant to section 775.087, Florida Statutes (2003). On appeal, the defendant

Parker v. State

921 So. 2d 812, 2006 WL 470610

District Court of Appeal of Florida | Filed: Mar 1, 2006 | Docket: 1660135

Cited 2 times | Published

discharging a firearm, imposed pursuant to section 775.087(2)(a)3, Florida Statutes (2000). That section

Vonador v. State

915 So. 2d 1231, 2005 WL 3439944

District Court of Appeal of Florida | Filed: Dec 16, 2005 | Docket: 2563084

Cited 2 times | Published

three years' minimum mandatory pursuant to section 775.087, Florida Statutes (1991). Vonador claims his

Blanc v. State

899 So. 2d 455, 2005 WL 768450

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1353583

Cited 2 times | Published

robbery. Because the enhanced penalty under section 775.087(1), Florida Statutes, should not have been

State v. Couch

896 So. 2d 799, 2005 WL 285322

District Court of Appeal of Florida | Filed: Feb 8, 2005 | Docket: 2569413

Cited 2 times | Published

by imposing this sentence contrary *800 to section 775.087, Florida Statutes (2002). See State v. Keen

Helms v. State

890 So. 2d 1256, 2005 WL 280328

District Court of Appeal of Florida | Filed: Jan 19, 2005 | Docket: 2535373

Cited 2 times | Published

minimum mandatory term was imposed pursuant to section 775.087(2)(a)(1), Florida Statutes (2001), the 10/20/Life

Dumas v. State

889 So. 2d 139, 2004 Fla. App. LEXIS 18158, 2004 WL 2726022

District Court of Appeal of Florida | Filed: Dec 1, 2004 | Docket: 64834986

Cited 2 times | Published

three-year minimum term on Count I, as required by section 775.087(2), Florida Statutes, and to a concurrent term

McGill v. State

878 So. 2d 1270, 2004 WL 1749182

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 1353503

Cited 2 times | Published

year minimum mandatory sentence pursuant to section 775.087, Florida Statutes (possession of a firearm)

Bell v. State

876 So. 2d 712, 2004 WL 1462190

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 1245408

Cited 2 times | Published

attempted to use a firearm in violation of Florida Statute 775.087, 782.04(1)(a) and 777.04." A jury found

State v. Burkhart

869 So. 2d 1242, 2004 WL 626051

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 1653855

Cited 2 times | Published

minimum penalties of the "10/20/Life" statute, section 775.087 (1999). The state appeals from the trial court's

Hill v. State

869 So. 2d 10, 2004 WL 86420

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 2590401

Cited 2 times | Published

minimum sentence for the use of a firearm under section 775.087(2) and (3). As we stated in Hill v. State,

Hill v. State

869 So. 2d 10, 2004 WL 86420

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 2590401

Cited 2 times | Published

minimum sentence for the use of a firearm under section 775.087(2) and (3). As we stated in Hill v. State,

Iseley v. State

865 So. 2d 580, 2004 WL 19500

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 1656275

Cited 2 times | Published

mandatory sentence of three years imprisonment. See § 775.087(2)(a)(1), Fla. Stat. *581 During the charge conference

Wallace v. State

860 So. 2d 494, 2003 WL 22715824

District Court of Appeal of Florida | Filed: Nov 19, 2003 | Docket: 454672

Cited 2 times | Published

of a destructive device count, pursuant to section 775.087(2)(a)2., Florida Statutes (1999). The court

Bannister v. State

844 So. 2d 767, 2003 WL 21074710

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 2560179

Cited 2 times | Published

DCA 1997). If enhanced for use of a weapon, see § 775.087(1), Fla. Stat. (1979), it becomes a life felony

Brown v. State

843 So. 2d 930, 2003 WL 1524453

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1244072

Cited 2 times | Published

than a term of imprisonment of life in prison." § 775.087(2)(a)3., Fla. Stat. (1999) (emphasis added).[1]

Hall v. State

837 So. 2d 1179, 2003 WL 465416

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 2564290

Cited 2 times | Published

years' imprisonment on each count pursuant to section 775.087(2), Florida Statutes (1999) (10-20-Life). The

State v. RCS

837 So. 2d 517, 2003 WL 183615

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 537541

Cited 2 times | Published

we should analogize section 790.22(9), with section 775.087(1), Florida Statutes (1999).[2] Moreover, we

Beatrice v. State

832 So. 2d 972, 2003 WL 25872298

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1700074

Cited 2 times | Published

possessed a gun. Under our 10/20/Life statute, section 775.087, Florida Statutes (2000), a first degree felony

Hayden v. State

833 So. 2d 275, 2002 WL 31875182

District Court of Appeal of Florida | Filed: Dec 27, 2002 | Docket: 1675620

Cited 2 times | Published

ten-year minimum mandatory sentence required by section 775.087(2)(a)(1), up to life in prison. Hayden acknowledged

Roberts v. State

834 So. 2d 899, 2002 WL 31870534

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 155272

Cited 2 times | Published

after the trial court's ruling, we held that section 775.087(2)(d) required consecutive sentences "only

Sehnal v. State

826 So. 2d 498, 2002 WL 31114124

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1662873

Cited 2 times | Published

counts I and III, and time served on count II. Section 775.087(2)(a)(1)(f) and (r) provides that convictions

Henly v. State

812 So. 2d 549, 2002 WL 463844

District Court of Appeal of Florida | Filed: Mar 28, 2002 | Docket: 1716362

Cited 2 times | Published

sentence was enhanced under the provisions of section 775.087(2)(a)3, Florida Statutes: Any person who is

Lee v. State

808 So. 2d 1274, 2002 WL 341657

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 2578682

Cited 2 times | Published

first degree. See §§ 782.04(2), 777.04(4)(d), § 775.087, Fla. Stat. (1993).[*] On this count, the defendant

Walters v. State

812 So. 2d 457, 2002 WL 312530

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 1716220

Cited 2 times | Published

01(2), Florida Statutes (1989) and enhanced by section 775.087(1) for the use of a weapon; and (2) armed sexual

Lenoir v. State

804 So. 2d 507, 2001 WL 1644818

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 1699632

Cited 2 times | Published

amend the information to include citation to Fla. Stat. 775.087 (reclassification of offense for possession

Cargle v. State

800 So. 2d 698, 2001 WL 1518304

District Court of Appeal of Florida | Filed: Nov 30, 2001 | Docket: 337719

Cited 2 times | Published

this conviction, is facially sufficient. See § 775.087(1), Fla. Stat. (1995); see also Senterfitt v.

Young v. State

787 So. 2d 259, 2001 WL 557622

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 2561389

Cited 2 times | Published

that enhancement for use of a firearm under section 775.087 is improper on attempted robbery with a firearm

Williams v. State

784 So. 2d 524, 2001 WL 417331

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 1744102

Cited 2 times | Published

claims that the firearm enhancement statute, section 775.087(1)(b), makes attempted second degree murder

State v. Keen

782 So. 2d 528, 2001 WL 360127

District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 1032971

Cited 2 times | Published

appellant to a term of probation, contrary to section 775.087, Florida Statutes (1999). State v. Haddad,

Woodson v. State

777 So. 2d 1167, 2001 WL 121099

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 1513967

Cited 2 times | Published

felony on account of the use of a weapon. See id. § 775.087(1).

Wright v. State

767 So. 2d 576, 2000 WL 1268820

District Court of Appeal of Florida | Filed: Sep 8, 2000 | Docket: 1193980

Cited 2 times | Published

section 775.0845 is instead interpreted as was section 775.087(1) in Rodriguez, then only those actually wearing

Schmiel v. State

727 So. 2d 257, 1999 WL 68450

Supreme Court of Florida | Filed: Feb 11, 1999 | Docket: 1438427

Cited 2 times | Published

be assessed against offenses enumerated in section 775.087(2), Florida Statutes (1993). See id. at 258

State v. AB

725 So. 2d 1263, 1999 WL 44342

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1293969

Cited 2 times | Published

Unlike this statute's adult counterpart, section 775.087(2), Florida Statutes (1997), which provides

Johnson v. State

726 So. 2d 359, 1999 WL 35215

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 1711589

Cited 2 times | Published

impose a minimum mandatory sentence under section 775.087(2)(d), Florida Statutes (Supp.1996), although

Robinson v. State

704 So. 2d 161, 1997 WL 778101

District Court of Appeal of Florida | Filed: Dec 10, 1997 | Docket: 1354560

Cited 2 times | Published

was error to reclassify a felony pursuant to section 775.087(1), Florida Statutes (1991), without a specific

Gardner v. State

699 So. 2d 798, 1997 WL 587084

District Court of Appeal of Florida | Filed: Sep 24, 1997 | Docket: 1694162

Cited 2 times | Published

that imposed during the original sentencing. "Section 775.087(2), Florida Statutes, contains no provision

White v. State

688 So. 2d 1005, 1997 WL 87565

District Court of Appeal of Florida | Filed: Feb 28, 1997 | Docket: 1473431

Cited 2 times | Published

three-year minimum sentence imposed pursuant to section 775.087(2), Florida Statutes (1989), based on the alleged

Harris v. State

660 So. 2d 409, 1995 WL 552382

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 1637072

Cited 2 times | Published

sentence to a first degree felony pursuant to section 775.087(1)(b), Florida Statutes (1991). We reverse

State v. McKendry

614 So. 2d 1158, 1993 WL 36289

District Court of Appeal of Florida | Filed: Feb 17, 1993 | Docket: 1509872

Cited 2 times | Published

sentence provided by section 775.087(2)(a), Florida Statutes (1981). Section 775.087(2)(a) provided that

State v. Smith

601 So. 2d 263, 1992 WL 114655

District Court of Appeal of Florida | Filed: Jun 2, 1992 | Docket: 1305313

Cited 2 times | Published

box magazine, as defined in and contrary to Section 775.087(2)(a) and (b), Florida Statutes." A jury found

McDonald v. State

564 So. 2d 523, 1990 WL 82105

District Court of Appeal of Florida | Filed: Jun 18, 1990 | Docket: 1688992

Cited 2 times | Published

three-year mandatory minimum set forth in Section 775.087(2), Florida Statutes to run consecutively to

Brewer v. State

343 So. 2d 628

District Court of Appeal of Florida | Filed: Feb 4, 1977 | Docket: 2578325

Cited 2 times | Published

imposing the sentence the trial court invoked Section 775.087(2), Florida Statutes, thereby making appellant

Michael Jon Moss v. State of Florida

270 So. 3d 559

District Court of Appeal of Florida | Filed: May 13, 2019 | Docket: 15420920

Cited 1 times | Published

not be used to reclassify his offense under section 775.087(1), Florida Statutes. The jury found Appellant

Thomas E. King v. State of Florida

259 So. 3d 317

District Court of Appeal of Florida | Filed: Dec 18, 2018 | Docket: 8425517

Cited 1 times | Published

minimum sentence and authorized a life sentence. § 775.087(2)(a), Fla. Stat. The State did not reclassify

STATE OF FLORIDA v. I.J., A CHILD

258 So. 3d 473

District Court of Appeal of Florida | Filed: Nov 7, 2018 | Docket: 8146146

Cited 1 times | Published

should analogize section 790.22(9), with section 775.087(1), Florida Statutes (1999). Moreover, we

Parks v. State

256 So. 3d 969

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975832

Cited 1 times | Published

minimum on the armed burglary count pursuant to section 775.087(2), Florida Statutes (2016).

STATE OF FLORIDA v. JEFFREY REININGER

254 So. 3d 996

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804258

Cited 1 times | Published

October 2017. In determining which version of section 775.087 to apply for sentencing, the trial court looked

LENIST KEY v. STATE OF FLORIDA

254 So. 3d 1000

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804262

Cited 1 times | Published

kidnapping is reclassified as a life felony. See § 775.087(1)(a), Fla. Stat. (1993). In response to

Ahmad Gary Sheaffers v. State of Florida

243 So. 3d 518

District Court of Appeal of Florida | Filed: Apr 17, 2018 | Docket: 6365063

Cited 1 times | Published

address his argument that the 2016 version of section 775.087(2)(a), Florida Statutes, also referred to as

Walters v. State

229 So. 3d 444

District Court of Appeal of Florida | Filed: Oct 31, 2017 | Docket: 60281702

Cited 1 times | Published

the minimum-mandatory sentence provision of section 775,087(2)(a)2., Florida Statutes (2010). The offense

Eric Patrick Wright v. State of Florida

225 So. 3d 914, 2017 WL 3254453

District Court of Appeal of Florida | Filed: Aug 1, 2017 | Docket: 6129913

Cited 1 times | Published

not to impose the 20-year mandatory minimum. Section 775.087(6), Florida Statutes (2014), was enacted effective

Billups v. State

219 So. 3d 900, 2017 Fla. App. LEXIS 8962

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60266973

Cited 1 times | Published

consecutive mandatory minimum sentences under section 775.087(2)(d), Florida Statutes (2008), the 10-20-Life

Davon White v. State

215 So. 3d 132, 2017 WL 1040938, 2017 Fla. App. LEXIS 3581

District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 4621384

Cited 1 times | Published

harm during the commission of his offenses. See § 775.087(2)(a)3., Fla. Stat. (2005). The record reflects

Boyce v. State

202 So. 3d 456, 2016 Fla. App. LEXIS 15935

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60257242

Cited 1 times | Published

mandatory term imposed for count I pursuant to section 775.087(2), Florida Statutes, for actually possessing

Webb v. State

197 So. 3d 649, 2016 Fla. App. LEXIS 12695, 2016 WL 4431590

District Court of Appeal of Florida | Filed: Aug 22, 2016 | Docket: 60256327

Cited 1 times | Published

of the same criminal episode. Pursuant to section 775.087(2)(d), Florida Statutes, the trial court imposed

Dominique Wright v. State of Florida

199 So. 3d 1019, 2016 Fla. App. LEXIS 9986, 2016 WL 3539149

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088371

Cited 1 times | Published

defendant’s concurrent sentences based on section 775.087(2)(d), Florida Statutes (2011). The defendant

Tate v. State

194 So. 3d 564, 2016 Fla. App. LEXIS 9903, 2016 WL 3512448

District Court of Appeal of Florida | Filed: Jun 28, 2016 | Docket: 60255829

Cited 1 times | Published

Williams held that consecutive sentences under section 775.087(2)(d) for offenses committed contemporaneously

Henderson v. State

192 So. 3d 638, 2016 WL 3030836, 2016 Fla. App. LEXIS 8145

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60255374

Cited 1 times | Published

Williams held that consecutive sentences under section 775.087(2)(d) for offenses committed contemporaneously

Michael J. Martin v. State of Florida

190 So. 3d 252, 2016 WL 2609566, 2016 Fla. App. LEXIS 7072

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3061486

Cited 1 times | Published

(count two). Only count one was charged under section 775.087, Florida Statutes, colloquially known as the

Rolling v. State

218 So. 3d 911, 2016 Fla. App. LEXIS 702

District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029444

Cited 1 times | Published

minimum to apply on a conviction pursuant to section 775.087(2), the state must *913 allege

Jackson v. State

175 So. 3d 368, 2015 Fla. App. LEXIS 13764, 2015 WL 5438776

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808040

Cited 1 times | Published

designation that he fell under Florida Statutes section 775.087 for possessing or using a weapon, despite the

George Mato Dotel v. State of Florida

175 So. 3d 830, 2015 Fla. App. LEXIS 12459, 2015 WL 4928375

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685310

Cited 1 times | Published

conviction based on its intei-pretation of section 775.087, Florida Statutes (2007), and existing case

Leon Bullard v. State of Florida

168 So. 3d 346

District Court of Appeal of Florida | Filed: Jul 13, 2015 | Docket: 2673600

Cited 1 times | Published

31 So.3d 962, 965 (Fla. 1st DCA 2010). Section 775.087(2)(a)l., Florida Statutes, provides that any

Jose Martinez v. State of Florida

169 So. 3d 170, 2015 Fla. App. LEXIS 8473, 2015 WL 3480319

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679289

Cited 1 times | Published

under the 10-20-Life law. § 775.087(2)(a)1., Fla. Stat. (1999). We affirmed his

Knight v. State

159 So. 3d 943, 2015 Fla. App. LEXIS 3421, 2015 WL 1046270

District Court of Appeal of Florida | Filed: Mar 11, 2015 | Docket: 2640559

Cited 1 times | Published

minimum mandatory sentence enhanced pursuant to section 775.087(2) of the Florida Statutes (2003). Knight

Aviles v. State

151 So. 3d 555, 2014 Fla. App. LEXIS 19788, 2014 WL 6833541

District Court of Appeal of Florida | Filed: Dec 5, 2014 | Docket: 60244494

Cited 1 times | Published

mandatory sentence on counts I and II, pursuant to section 775.087(2)(a)2., Florida Statutes; however, the documents

Harrell v. State

150 So. 3d 858, 2014 Fla. App. LEXIS 17970, 2014 WL 5653805

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592996

Cited 1 times | Published

offense to a first-degree felony pursuant to section 775.087(l)(b), Florida Statutes (2009), which provides

State v. Kelly

147 So. 3d 1061, 2014 Fla. App. LEXIS 14098, 2014 WL 4851776

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185178

Cited 1 times | Published

illegal and must therefore be reversed. Section 775.087 of the Florida Statutes clearly states that

Franklin Sanchez v. State

164 So. 3d 4, 2014 WL 4426377

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185605

Cited 1 times | Published

firearm was an essential element of the offense. § 775.087(1), Fla. Stat. (2007). See State v. Tripp

Green v. State

139 So. 3d 460, 2014 WL 2299159, 2014 Fla. App. LEXIS 8246

District Court of Appeal of Florida | Filed: May 29, 2014 | Docket: 60241141

Cited 1 times | Published

defendant’s sentence may not be enhanced pursuant to section 775.087(2), Florida Statutes, unless the defendant

Josue Cotto v. State of Florida

139 So. 3d 283, 39 Fla. L. Weekly Supp. 327, 2014 WL 1923697, 2014 Fla. LEXIS 1626

Supreme Court of Florida | Filed: May 15, 2014 | Docket: 57381

Cited 1 times | Published

consecutive minimum mandatory sentences under section 775.087(2), Florida Statutes (1981), if the separate

Gross v. State

138 So. 3d 590, 2014 WL 1839108, 2014 Fla. App. LEXIS 6895

District Court of Appeal of Florida | Filed: May 9, 2014 | Docket: 60240740

Cited 1 times | Published

first-degree felony for use of a weapon pursuant to section 775.087(l)(b), Florida Statutes (2009), and sentenced

Frasier v. State

132 So. 3d 365, 2014 Fla. App. LEXIS 1747, 2014 WL 493997

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238442

Cited 1 times | Published

second-degree felony to a first-degree felony under section 775.087(1), Florida Statutes (2009), based on the use

Martinez v. State

114 So. 3d 1119, 2013 WL 2663451, 2013 Fla. App. LEXIS 9425

District Court of Appeal of Florida | Filed: Jun 14, 2013 | Docket: 60231760

Cited 1 times | Published

reclassified as a first-degree felony under section 775.087(l)(b), Florida Statutes (2007), is subject

Sheppard v. State

113 So. 3d 148, 2013 Fla. App. LEXIS 8073, 2013 WL 2233991

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60231453

Cited 1 times | Published

reclassified as a first-degree felony under section 775.087(l)(b), Florida Statutes (2006), based upon

Hope v. State

134 So. 3d 1044, 2013 WL 363368, 2013 Fla. App. LEXIS 1501

District Court of Appeal of Florida | Filed: Jan 31, 2013 | Docket: 60239005

Cited 1 times | Published

mandatory mínimums pursuant to section 775.087(2)(a)2. See § 775.087(2)(c), Fla. Stat. (2008) ("If the

Gallimore v. State

100 So. 3d 1264, 2012 Fla. App. LEXIS 20230, 2012 WL 5870091

District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60225614

Cited 1 times | Published

resentencing. STEVENSON and LEVINE, JJ., concur. . See § 775.087(2)(a)1.c„ Fla. Stat. (2008) ("Any person who is

Howard v. State

100 So. 3d 136, 2012 Fla. App. LEXIS 16701, 2012 WL 4512785

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60225637

Cited 1 times | Published

3-year minimum mandatory imposed pursuant to section 775.087(2), Florida Statutes (1990), for possessing

Boltuch v. State

95 So. 3d 338, 2012 WL 3023179, 2012 Fla. App. LEXIS 12096

District Court of Appeal of Florida | Filed: Jul 25, 2012 | Docket: 60311188

Cited 1 times | Published

the firearm on the attempted murder count. See § 775.087, Fla. Stat. (1997). Appellant contends that his

Termitus v. State

86 So. 3d 1179, 2012 WL 1440603, 2012 Fla. App. LEXIS 6599

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60307572

Cited 1 times | Published

775.082(3)(c), Fla. Stat. (2004).2 However, section 775.087(2), Florida Statutes, commonly referred to

Johnson v. State

84 So. 3d 452, 2012 WL 1121404

District Court of Appeal of Florida | Filed: Apr 5, 2012 | Docket: 2564066

Cited 1 times | Published

resulted in serious bodily harm to the victim. § 775.087(2)(a)3. & (c), Fla. Stat. (2010). On remand, the

Dixon v. State

76 So. 3d 351, 2011 Fla. App. LEXIS 19910, 2011 WL 6183485

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 2355118

Cited 1 times | Published

mandatory minimum imposed in accordance with § 775.087(2), Fla. Stat.[2] was improper because the record

Brown v. State

83 So. 3d 777, 2011 Fla. App. LEXIS 17201, 2011 WL 5109531

District Court of Appeal of Florida | Filed: Oct 28, 2011 | Docket: 2567326

Cited 1 times | Published

voluntary manslaughter offense, pursuant to section 775.087(2), Florida Statutes (2007) (the "10-20-Life"

Croskey v. State

71 So. 3d 199, 2011 Fla. App. LEXIS 15430, 2011 WL 4647445

District Court of Appeal of Florida | Filed: Sep 30, 2011 | Docket: 60302917

Cited 1 times | Published

reference to a twenty-year minimum mandatory and section 775.087(2)(a)2., Florida Statutes (2008), is erroneous

Knight v. State

70 So. 3d 674, 2011 Fla. App. LEXIS 12400, 2011 WL 3453005

District Court of Appeal of Florida | Filed: Aug 9, 2011 | Docket: 2358974

Cited 1 times | Published

first-degree murder and armed kidnapping pursuant to section 775.087, Florida Statutes (1987). Background This

Juarez v. State

65 So. 3d 110, 2011 Fla. App. LEXIS 10179, 2011 WL 2555402

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2364047

Cited 1 times | Published

offense. The Supreme Court's construction of section 775.087(1) in State v. Rodriguez, 602 So.2d 1270 (Fla

Washington v. State

70 So. 3d 634, 2011 WL 1820846

District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 2534929

Cited 1 times | Published

ten-year minimum mandatory sentence under section 775.087, Florida Statutes (2008), rather than the twenty-year

Swanigan v. State

57 So. 3d 989, 2011 Fla. App. LEXIS 4653, 2011 WL 1195791

District Court of Appeal of Florida | Filed: Apr 1, 2011 | Docket: 60299232

Cited 1 times | Published

consecutive sentence for count V was error. Section 775.087(2), Florida Statutes (2007) governs the imposition

Dean v. State

58 So. 3d 322, 2011 Fla. App. LEXIS 3890, 2011 WL 985130

District Court of Appeal of Florida | Filed: Mar 22, 2011 | Docket: 60299316

Cited 1 times | Published

So.2d 751 (Fla. 1st DCA 2004), we held that section 775.087(2)(a)3., Florida Statutes (2008), provided

Dean v. State

58 So. 3d 322, 2011 Fla. App. LEXIS 3890, 2011 WL 985130

District Court of Appeal of Florida | Filed: Mar 22, 2011 | Docket: 60299316

Cited 1 times | Published

So.2d 751 (Fla. 1st DCA 2004), we held that section 775.087(2)(a)3., Florida Statutes (2008), provided

Reddick v. State

56 So. 3d 132, 2011 Fla. App. LEXIS 3265, 2011 WL 830617

District Court of Appeal of Florida | Filed: Mar 11, 2011 | Docket: 60298536

Cited 1 times | Published

Reddick faced mandatory minimum sentencing under section 775.087(2)(a), Florida Statutes, (commonly known as

Black v. State

52 So. 3d 830, 2011 Fla. App. LEXIS 554, 2011 WL 222269

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 60297853

Cited 1 times | Published

cannot be reclassified to life felonies under section 775.087(1), Florida Statutes, because the use of a

Carter v. State

67 So. 3d 242, 2010 Fla. App. LEXIS 17178, 2010 WL 4484628

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 60302077

Cited 1 times | Published

ten-year minimum term of imprisonment under section 775.087(2)(a)(l), Florida Statutes (2005), the 10/20/LIFE

Johnson v. State

44 So. 3d 209, 2010 Fla. App. LEXIS 13730, 2010 WL 3602838

District Court of Appeal of Florida | Filed: Sep 17, 2010 | Docket: 17921

Cited 1 times | Published

during commission of the crime for purposes of section 775.087(2)(a), Florida Statutes (2008), which requires

Hallman v. State

41 So. 3d 1060, 2010 Fla. App. LEXIS 11728, 2010 WL 3154861

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 1668356

Cited 1 times | Published

life under the 10-20-life statute. See *1062 § 775.087(2), Fla. Stat. (2002). The defendant's point is

Jordan v. State

32 So. 3d 727, 2010 Fla. App. LEXIS 4686, 2010 WL 1407369

District Court of Appeal of Florida | Filed: Apr 9, 2010 | Docket: 1662719

Cited 1 times | Published

first-degree felony to a life felony pursuant to section 775.087(1), Florida Statutes (1989), which calls for

Jordan v. State

28 So. 3d 929, 2010 Fla. App. LEXIS 1358, 2010 WL 445938

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1652128

Cited 1 times | Published

reclassified to a life felony pursuant to section 775.087. Accordingly, the maximum sentence allowable

BLEIWEISS v. State

24 So. 3d 1215, 2009 Fla. App. LEXIS 20388, 2009 WL 5125265

District Court of Appeal of Florida | Filed: Dec 24, 2009 | Docket: 1151964

Cited 1 times | Published

enforcement officer, to a first degree felony. Under section 775.087(l)(a) that felony is increased to a life felony

Bennett v. State

24 So. 3d 693, 2009 Fla. App. LEXIS 19940, 2009 WL 4912597

District Court of Appeal of Florida | Filed: Dec 22, 2009 | Docket: 1152689

Cited 1 times | Published

minimum sentence under the 10/20/Life statute, section 775.087, Florida Statutes (2007). The trial court repeatedly

State v. Moore

19 So. 3d 408, 2009 Fla. App. LEXIS 13487, 2009 WL 2900330

District Court of Appeal of Florida | Filed: Sep 11, 2009 | Docket: 60254619

Cited 1 times | Published

Trotter v. State, 825 So.2d 362, 365 (Fla.2002). Section 775.087 of the Florida Statutes requires trial courts

Robinson v. State

16 So. 3d 229, 2009 Fla. App. LEXIS 11340, 2009 WL 2475141

District Court of Appeal of Florida | Filed: Aug 14, 2009 | Docket: 222763

Cited 1 times | Published

imposition of the mandatory minimum sentence under section 775.087, Florida Statutes (2007). See Bolden v. State

Metz v. State

15 So. 3d 32, 2009 Fla. App. LEXIS 5361, 2009 WL 1351105

District Court of Appeal of Florida | Filed: May 15, 2009 | Docket: 1660733

Cited 1 times | Published

felony to a first-degree felony, pursuant to section 775.087(1)(b), Florida Statutes (2006), we reverse

Jean v. State

11 So. 3d 421, 2009 Fla. App. LEXIS 4466, 2009 WL 1311028

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1234655

Cited 1 times | Published

five-year sentence for aggravated assault under Section 775.087(2), Florida Statutes (2006), the 10/20/life

Jean v. State

11 So. 3d 421, 2009 Fla. App. LEXIS 4466, 2009 WL 1311028

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1234655

Cited 1 times | Published

five-year sentence for aggravated assault under Section 775.087(2), Florida Statutes (2006), the 10/20/life

Osegueda v. State

4 So. 3d 790, 2009 Fla. App. LEXIS 2493, 2009 WL 763506

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 60295132

Cited 1 times | Published

occupied vehicle-offenses not enumerated in section 775.087(2), Florida Statutes (2006). Osegueda filed

Figueroa v. State

3 So. 3d 428, 2009 Fla. App. LEXIS 1254, 2009 WL 386866

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1046572

Cited 1 times | Published

not twenty years, but twenty-five years. See § 775.087(2)(a)(3), Fla. Stat. (2006). Defense counsel agreed

State v. Thompson

4 So. 3d 689, 2009 Fla. App. LEXIS 1098, 2009 WL 349810

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 60295091

Cited 1 times | Published

minimum mandatory sentence, as provided in section 775.087(2), Florida Statutes (2006). The State also

DE LOS RIOS v. State

998 So. 2d 1212, 34 Fla. L. Weekly Fed. D 242

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 2585118

Cited 1 times | Published

two cases, to run concurrently, pursuant to section 775.087, Florida Statutes. In this motion for post

Bryant v. State

1 So. 3d 267, 2009 Fla. App. LEXIS 59, 2009 WL 30136

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 1413011

Cited 1 times | Published

reclassified as a life felony pursuant to section 775.087(1), Florida Statutes (1979). Our thorough examination

Bryant v. State

1 So. 3d 267, 2009 Fla. App. LEXIS 59, 2009 WL 30136

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 1413011

Cited 1 times | Published

reclassified as a life felony pursuant to section 775.087(1), Florida Statutes (1979). Our thorough examination

State v. Weaver

3 So. 3d 349, 2008 Fla. App. LEXIS 19357, 2008 WL 5352230

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1169756

Cited 1 times | Published

minimum mandatory sentence required by statute. § 775.087(2)(a)(1)r, Fla. Stat. (2005). The State charged

Goings v. State

990 So. 2d 1228, 2008 WL 4298538

District Court of Appeal of Florida | Filed: Sep 23, 2008 | Docket: 1425755

Cited 1 times | Published

assessed." Among the enumerated felonies in section 775.087(2)(a), is the offense of "murder." In the instant

Mobley v. State

983 So. 2d 630, 2008 WL 1986273

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1656089

Cited 1 times | Published

concurrently with a mandatory minimum sentence under section 775.087, Florida Statutes (2000) (the 10-20-LIFE statute)

Burton v. State

969 So. 2d 1087, 2007 WL 3118915

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 1725917

Cited 1 times | Published

Sections . . . 775.087(1), Florida Statutes." Section 775.087(1), Florida Statutes (1998), mandates a one-level

Lewis v. State

952 So. 2d 1271, 2007 WL 1093488

District Court of Appeal of Florida | Filed: Apr 13, 2007 | Docket: 1347658

Cited 1 times | Published

double enhancement. We disagree and affirm. Section 775.087(1)(b), Florida Statutes (2003), provides, in

Bean v. State

949 So. 2d 1207, 2007 WL 674852

District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1374842

Cited 1 times | Published

obliged to enhance to a life felony pursuant to section 775.087(1)(a) (use of a weapon), and that, at the time

Bryant v. State

944 So. 2d 1016, 2005 WL 3536335

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1649366

Cited 1 times | Published

felony (by reason of reclassification pursuant to § 775.087(1), Fla. Stat. (Supp.1976)) or was not reclassified

Collazo v. State

936 So. 2d 782, 2006 WL 2547338

District Court of Appeal of Florida | Filed: Sep 6, 2006 | Docket: 1651057

Cited 1 times | Published

the thirty year sentence as mandatory under section 775.087(2), Florida Statutes, (10-20-life law) for

Griffin v. State

934 So. 2d 614, 2006 WL 2057168

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 305527

Cited 1 times | Published

felony to be reclassified to a life felony, section 775.087(1)(a), Florida Statutes (1989), for which the

Taylor v. State

931 So. 2d 1055, 2006 WL 1750591

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 1522329

Cited 1 times | Published

offense was subject to the 10-20-life statute, section 775.087(2)(a), Florida Statutes, the lesser-included

Buchanan v. State

927 So. 2d 209, 2005 WL 3981633

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1764870

Cited 1 times | Published

sentencing enhancement statute, as set forth in section 775.087 of the Florida Statutes. The evidence at trial

Babie v. State

905 So. 2d 986, 2005 WL 1523422

District Court of Appeal of Florida | Filed: Jun 29, 2005 | Docket: 985897

Cited 1 times | Published

violation. That argument is without merit. See § 775.087(2)(c), Fla. Stat. (2001) ("If the mandatory minimum

Brown v. State

896 So. 2d 808, 2005 Fla. App. LEXIS 1404, 2005 WL 322302

District Court of Appeal of Florida | Filed: Feb 11, 2005 | Docket: 64836876

Cited 1 times | Published

that the rifle constituted a “firearm” under section 775.087(1), which was sufficient to reclassify second

Latson v. State

882 So. 2d 1091, 2004 WL 2098706

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 183418

Cited 1 times | Published

possession of a firearm by a convicted felon. § 775.087(2)(a)(3), Fla. Stat. (1999). It is clear from

Mitchell v. State

880 So. 2d 1261, 2004 WL 1932743

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 246859

Cited 1 times | Published

conviction is for an enumerated felony under section 775.087(2), Florida Statutes (1995). See Kelly v. State

Smith v. State

873 So. 2d 1289, 2004 WL 1237089

District Court of Appeal of Florida | Filed: Jun 7, 2004 | Docket: 2588790

Cited 1 times | Published

conviction to a first degree felony under section 775.087(1)(b), Florida Statutes (2001), and imposing

Hoover v. State

877 So. 2d 751, 2004 WL 1175922

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1684426

Cited 1 times | Published

robbery, and armed kidnapping, pursuant to section 775.087(2)(a)(3.), Florida Statutes (1999). The information

Lamm v. State

871 So. 2d 918, 2004 WL 442848

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 1709433

Cited 1 times | Published

mandatory minimum three-year sentence pursuant to section 775.087(2)(a)1. of the Florida Statutes. Notwithstanding

Harvey v. State

865 So. 2d 518, 2003 WL 22681373

District Court of Appeal of Florida | Filed: Nov 14, 2003 | Docket: 1656350

Cited 1 times | Published

physical possession of a firearm pursuant to section 775.087(2), or whether the level of offense is enhanced

Vonador v. State

857 So. 2d 323, 2003 Fla. App. LEXIS 15217, 2003 WL 22316908

District Court of Appeal of Florida | Filed: Oct 10, 2003 | Docket: 64825885

Cited 1 times | Published

mandatory was presumably imposed pursuant to section 775.087(2), Florida Statutes (1991), for possession

Thomas v. State

831 So. 2d 762, 2002 WL 31662638

District Court of Appeal of Florida | Filed: Nov 27, 2002 | Docket: 2590381

Cited 1 times | Published

obliged to enhance to a life felony pursuant to section 775.087(1)(a) (use of a weapon). At the time of the

Cook v. State

816 So. 2d 267, 2002 WL 1022117

District Court of Appeal of Florida | Filed: May 22, 2002 | Docket: 2571378

Cited 1 times | Published

commission of the offense" as required by section 775.087(4), Florida Statutes (2000), we reverse the

Robertson v. State

807 So. 2d 708, 2002 WL 112860

District Court of Appeal of Florida | Filed: Jan 30, 2002 | Docket: 432411

Cited 1 times | Published

year minimum mandatory sentence pursuant to section 775.087(2), Florida Statutes (1995), for use of a firearm

Richman v. State

793 So. 2d 1072, 2001 WL 863618

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1677937

Cited 1 times | Published

offense on account of the use of a firearm. Id. § 775.087.[1] We distinguish this case from Williams v.

Price v. State

777 So. 2d 423, 2000 WL 1817135

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 155746

Cited 1 times | Published

a weapon is classified as a life felony. See § 775.087(1)(a), Fla. Stat. (2000). Therefore, we remand

Newman v. State

738 So. 2d 981, 24 Fla. L. Weekly Fed. D 1619

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 1503206

Cited 1 times | Published

statutes. See, e.g., § 775.0875, Fla.Stat. (1995); § 775.087, Fla. Stat. (1995). We do not address whether

Klein v. State

731 So. 2d 115, 1999 WL 228530

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 353601

Cited 1 times | Published

was enhanced to a life felony pursuant to section 775.087, Florida Statutes (1989). As a life felony

Williams v. State

724 So. 2d 652, 1999 WL 12696

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1733958

Cited 1 times | Published

enhancing the seriousness of offenses pursuant to section 775.087(1). In general, those requirements are that

Traylor v. State

710 So. 2d 172, 1998 WL 188762

District Court of Appeal of Florida | Filed: Apr 22, 1998 | Docket: 1444578

Cited 1 times | Published

reclassification of these crimes pursuant to section 775.087, Florida Statutes (1995), was improper and

King v. State

705 So. 2d 668, 1998 WL 27618

District Court of Appeal of Florida | Filed: Jan 28, 1998 | Docket: 1554963

Cited 1 times | Published

reclassified to a "life felony" pursuant to section 775.087(1), Fla. Stat. (1995), which provides that:

Tucker v. State

701 So. 2d 398, 22 Fla. L. Weekly Fed. D 2556

District Court of Appeal of Florida | Filed: Nov 7, 1997 | Docket: 1470328

Cited 1 times | Published

reclassify the felony conviction pursuant to section 775.087(1). The same rule is applicable to the imposition

Mancino v. State

689 So. 2d 1235, 1997 WL 114929

District Court of Appeal of Florida | Filed: Mar 14, 1997 | Docket: 1739243

Cited 1 times | Published

a three-year minimum mandatory pursuant to section 775.087(2), Florida Statutes (1983). This section provides

Dye v. State

667 So. 2d 935, 1996 WL 50874

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 2588563

Cited 1 times | Published

court to determine whether it properly invoked section 775.087(2), Florida Statutes (1993). Dye pleaded no

Williams v. State

656 So. 2d 574, 1995 Fla. App. LEXIS 6589, 1995 WL 360692

District Court of Appeal of Florida | Filed: Jun 19, 1995 | Docket: 64757242

Cited 1 times | Published

pursuant to the enhancement provisions of section 775.087(1), Florida Statutes (1989).2 §§ 782.04(2)

Clarington v. State

636 So. 2d 860, 1994 WL 176542

District Court of Appeal of Florida | Filed: May 10, 1994 | Docket: 1361640

Cited 1 times | Published

State v. Whitehead, 472 So.2d 730 (Fla. 1985); § 775.087(1), Fla. Stat. (1989). The trial court also properly

Haye v. State

615 So. 2d 762, 1993 WL 55931

District Court of Appeal of Florida | Filed: Mar 5, 1993 | Docket: 1658848

Cited 1 times | Published

stated: This Court has consistently applied section 775.087(2) as permitting the trial court to impose

Torris v. State

611 So. 2d 57, 1992 WL 385477

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 2572776

Cited 1 times | Published

enhanced to a first-degree felony pursuant to *58 section 775.087(1), Florida Statutes (1991), because Torris

Chapman v. State

597 So. 2d 431, 1992 WL 81079

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 1351272

Cited 1 times | Published

felony based on the use of a weapon pursuant to section 775.087(1), Florida Statutes (1989). We agree and reverse

McNair v. State

540 So. 2d 896, 1989 WL 27651

District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 2563490

Cited 1 times | Published

and we therefore affirm the orders appealed. Section 775.087(2)(a), Florida Statutes, mandates a three year

Spellman v. State

529 So. 2d 305, 1988 WL 72164

District Court of Appeal of Florida | Filed: Jul 13, 1988 | Docket: 1523725

Cited 1 times | Published

felony, to a first degree felony pursuant to section 775.087(1), Florida Statutes (1985). We reverse and

Abel Navarro v. State of Florida

District Court of Appeal of Florida | Filed: Aug 1, 2025 | Docket: 70988586

Published

twenty-year minimum mandatory on Count 1 pursuant to section 775.087(2)(a), Florida Statutes (2024). The written

Dimitric Tyrese Ellis v. State of Florida

District Court of Appeal of Florida | Filed: Jul 3, 2025 | Docket: 70699428

Published

Count 1 carried a mandatory minimum under section 775.087(2)(a). See Strain, 77 So. 3d at 797 (Fla. 4th

Byron Davonne McMath v. State of Florida

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186668

Published

that the statutory enhancement language under section 775.087(1)(b), Florida Statutes, would result in a

Thomas Dexter Lewis v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929826

Published

than a term of imprisonment of life in prison.” § 775.087(2)(a)1.c., 3., Fla. Stat. (2009); see also Mendenhall

Steven Shaw v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929810

Published

is a first-degree felony punishable by life); § 775.087(1)(a), Fla. Stat. (1982) (providing for reclassification

Levar Reeves v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69833930

Published

offense is subject to reclassification (e.g., section 775.087(1)(a)-(c), Florida Statutes (2016)), or imposition

Juan F. Perez v. State of Florida

District Court of Appeal of Florida | Filed: Mar 21, 2025 | Docket: 69766587

Published

of twenty-five years in prison pursuant to section 775.087(2)(a)3., Florida Statutes (2013). Perez

Wilson Verela v. the State of Florida

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69707167

Published

great bodily harm, and it did not reference section 775.087(1).2 In other words, the information did not

Wilson Verela v. the State of Florida

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69707167

Published

great bodily harm, and it did not reference section 775.087(1).2 In other words, the information did not

Byron Turner v. the State of Florida

District Court of Appeal of Florida | Filed: Feb 12, 2025 | Docket: 69632466

Published

See § 775.082(9), Fla. Stat. (2019). 3 See § 775.087(2)(a)1.c., Fla. Stat. (2019) (providing that if

Ryan Lee Scheurman v. State of Florida

District Court of Appeal of Florida | Filed: Feb 11, 2025 | Docket: 69631018

Published

a “use of a weapon or firearm,” id. (quoting § 775.087(1), Fla. Stat. (2002)), which meant that the State

Carissa Parker v. State of Florida

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69323778

Published

required, and a life sentence was possible. See § 775.087(2)(a)3., Fla. Stat. (2019). After accepting

Eduardo Acosta v. the State of Florida

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347464

Published

“enhanced” to the 20-year mandatory minimum found in § 775.087(2), Florida Statutes. The Defendant timely appealed

Carissa Parker v. State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69323778

Published

required, and a life sentence was possible. See § 775.087(2)(a)3., Fla. Stat. (2019). After accepting

Anthawn Ragan, Jr. v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324305

Published

from a first-degree felony to a life felony. § 775.087(1)(a), Fla. Stat. (2013) (providing generally

Bahram Azin v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69266231

Published

punishable by life to a life felony pursuant to section 775.087(1)(a), Florida Statutes.2 The second 1

Luis Sanchez v. the State of Florida

District Court of Appeal of Florida | Filed: Sep 18, 2024 | Docket: 69171794

Published

three-year minimum mandatory condition pursuant to section 775.087(2), Florida Statutes, due to his status as

Rowlin Rock v. State of Florida

District Court of Appeal of Florida | Filed: Aug 21, 2024 | Docket: 69063230

Published

imposing the mandatory minimum sentence under section 775.087(2)(a)1., Florida Statutes (2022). We affirm

Pernell R. Roberts v. State of Florida

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68065382

Published

1 and 3 incorrectly contain references to section 775.087, Florida Statutes (2020). Vicarious liability

Lougens Louis v. The State of Florida

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68912877

Published

MILLER, JJ. PER CURIAM. Affirmed. See § 775.087(2)(a)2., Fla. Stat. (2011) (“Any person who is

George Prince, Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jun 28, 2024 | Docket: 68897112

Published

judgment cites a firearm enhancement under section 775.087(2)(a)3., Florida Statutes, for both counts

Gary Cornel Melton v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68381321

Published

felony to a first-degree felony pursuant to section 775.087(1), Florida Statutes, which permits reclassification

Darrius Prince Alexander Hepburn v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829624

Published

felony to a first-degree felony pursuant to section 775.087(1), Florida Statutes. The trial court denied

Nicol Maslo v. The State of Florida

District Court of Appeal of Florida | Filed: May 21, 2024 | Docket: 68549997

Published

(2023); § 784.07(1)(e), Fla. Stat. (2023); § 775.087(4), Fla. Stat. (2023). Maslo filed an SYG motion

Steve Gallon, IV v. Sherea Green, etc.

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68510773

Published

from a first-degree felony to a life felony. See § 775.087(1)(a), Fla. Stat. (2023) (“Unless otherwise

Jones v. State of Florida

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490730

Published

sentenced Appellant under section 775.087, Florida Statutes. Under section 775.087(1)(b), when a defendant

KYLE Z. GULLO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2024 | Docket: 68366268

Published

convicted felon. Both sentences were imposed under section 775.087(2), Florida Statutes (2014), and, under the

Raymond Lillard, III v. State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313536

Published

minimum sentences were imposed pursuant to section 775.087(2), Florida Statutes (2016), instead of the

Lateef Garnes v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290256

Published

subject to a mandatory minimum sentence under section 775.087, and the sentence exceeds the statutory maximum

ROBERT L. BATTLE, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 23, 2024 | Docket: 68034430

Published

the case, the "10-20-Life" law, section 775.087, Florida Statutes (2000), applied. Under that

Walter Bailey v. The State of Florida

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103689

Published

BOKOR, JJ. PER CURIAM. Affirmed. See § 775.087(2)(a)3., Fla. Stat. (2006) (providing that any

ROBERT JACOBY TURNER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68053965

Published

certain mandatory sentences under section 775.087, Florida Statutes (2016), the 10-20-Life

Deandre Perryman v. State of Florida

District Court of Appeal of Florida | Filed: Nov 15, 2023 | Docket: 68008421

Published

twenty-five-year minimum mandatory sentence pursuant to section 775.087(2)(a)3., Florida Statutes, for counts one and

KEON M. LYNCH vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 19, 2023 | Docket: 68034208

Published

September 19, 2023 PER CURIAM. AFFIRMED. See § 775.087(1)(b) and § 775.084(4)(a), Fla. Stat. (2001).

EMILIO NOGUEZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 28, 2023 | Docket: 67485785

Published

(2001); § 777.04(4)(b), Fla. Stat. (2001); § 775.087(1), Fla. Stat. (2001); Harris v. State, 983 So

ANGELO COICOU v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 67221682

Published

proper mandatory minimum for this offense. See § 775.087(2)(a)1., Florida Statutes (2012). We thus reverse

MARQUIS LAMMONS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 5, 2023 | Docket: 67140850

Published

LINDSEY, JJ. PER CURIAM. Affirmed. See § 775.087(1)(b) (reclassifying a second-degree felony to

CLAY ROBINSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068644

Published

sentences under the “10-20-Life” statute, section 775.087(2)(a), Florida Statutes (2004). The parties

BERNARD PIERRE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 1, 2023 | Docket: 66917362

Published

pursuant to the 10/20/Life statute (section 775.087(2)(a), Florida Statutes (2002)).

Demetrius Carey v. Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 17, 2023 | Docket: 66734684

Published

his sentence. See generally FLA. STAT. § 775.087. The prosecutors’ theory at trial was that Carey

DEANDREW T. SCOTT vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 4, 2022 | Docket: 63591322

Published

second-degree felony to a first-degree felony. See § 775.087(1), Fla. Stat. (2014) (“[W]henever a person is

DAMON DARLING v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64937038

Published

is not subject to reclassification under section 775.087(1), Florida Statutes (2022), because a firearm

ANTHONY SAMPSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435978

Published

when committed with the use of a deadly weapon); § 775.087(1)(a), Fla. Stat. (1997) (enhancing first-degree

JORGE FABIAN FELICIANO RAMOS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556643

Published

reclassifies this offense to a first-degree felony. § 775.087(1)(b), Fla. Stat. (2016).

JOSEPH ANTHONY CRENSHAW vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 29, 2022 | Docket: 68035473

Published

court’s oral pronouncement of three years. See § 775.087(2)(a)1.q., Fla. Stat. (2021). Accordingly, we

MAURICE LINDSEY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627029

Published

placing the probationer or offender on probation”); § 775.087(2)(a)1., Fla. Stat. (“Any person who is convicted

Michael Dunbar v. State of Florida

District Court of Appeal of Florida | Filed: Sep 22, 2021 | Docket: 60414530

Published

because his life sentence was authorized under section 775.087(2)(a)(3), Florida Statutes. (2007). Finding

Jermaine Earl v. State of Florida

Supreme Court of Florida | Filed: Apr 8, 2021 | Docket: 59804368

Published

ten-year mandatory minimum sentences pursuant to section 775.087(2), Florida Statutes (2010) (the 10-20-life

Rubens Aspilaire v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 2021 | Docket: 59796753

Published

during the commission of a burglary. Fla. Stat. § 775.087(2)(a)1.d. Margiotti held that an antique firearm

ADDARRYLL DORSEY JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59759017

Published

twenty years for the aggravated assault under section 775.087(2), Florida Statutes (2016), also known as

PABLO DIAZ v. State

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295937

Published

082(9)(a)(1)(k), Fla. Stat.; § 775.087(2)(a)(1)(f), Fla. Stat.; § 775.087(2)(a)(1)(g), Fla. Stat.; Fitzpatrick

KENDALL DURAND v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241592

Published

three-year mandatory minimum sentences required by section 775.087(2), Florida Statutes (1996), for possession

ISSAC WOODS v. State

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030477

Published

minimum mandatory sentence imposed pursuant to section 775.087(2)(a)(1)(q), Florida Statutes (2016), following

CHRISTOPHER LAMAR SOLS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030607

Published

for the crime under the 10-20-Life statute, section 775.087, Florida Statutes (2018). We therefore reverse

JEROMEE SAFFOLD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084937

Published

of which are enumerated felonies in section 775.087. See § 775.087(2)(a)1.b., f., g., Fla. Stat. (2019)

KENYATTA HARMON v. State

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084905

Published

“defendant possessed a firearm” and cited to section 775.087, Florida Statutes, was sufficient to allow

MICHAEL A. MITCHELL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 21, 2020 | Docket: 18557495

Published

conviction. We agree with the defendant that section 775.087(3)(a), Florida Statutes, required the circuit

ELIZABETH J. WILLIAMS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 23, 2020 | Docket: 18465792

Published

imprisonment to a life felony pursuant to section 775.087(1), Florida Statutes (2003). In its response

Ervin L. Wright v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2020 | Docket: 18458091

Published

10-year mandatory minimum term on each count. See § 775.087(2), Fla. Stat. (2011). On direct appeal, this

TRAVIS HUNT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 16, 2020 | Docket: 18443017

Published

Judge. PER CURIAM. Affirmed. See § 775.087(2)(a)(1)(p), (4), Fla. Stat. (2016); Hunt v. State

Demetrius Osbourne v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Aug 7, 2020 | Docket: 17435066

Published

term of imprisonment of 10 years[.]” Fla. Stat. § 775.087(2)(a)(1) (2002). 2 This rule

Demetrius Osbourne v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Aug 7, 2020 | Docket: 17435066

Published

term of imprisonment of 10 years[.]” Fla. Stat. § 775.087(2)(a)(1) (2002). 2 This rule

Demetrius Osbourne v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Aug 7, 2020 | Docket: 17423608

Published

term of imprisonment of 10 years[.]” Fla. Stat. § 775.087(2)(a)(1) (2002). 2 This rule

GUSTAVO ENAMORADO DUBON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289

Published

armed and unarmed kidnapping. However, section 775.087(1)(a), Florida Statutes (2007), provides that

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-11

Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897139

Published

Special finding forms #6 and #7 below refer to § 775.087, Fla. Stat. There are other statutes requiring

TREMAINE DRIVER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 15, 2020 | Docket: 16695552

Published

acquittal for the firearm enhancement under section 775.087(1). This particular statute does not require

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-07

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761654

Published

constitutes a weapon within the meaning of’ section 775.087(1), Florida Statutes.” The Committee, which

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-04

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761657

Published

an element of the offense as it relates to section 775.087(1) and (2), Florida Statutes (2018), which

BRIAN A. HALLMAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211750

Published

Judge. PER CURIAM. Affirmed. See § 775.087(2)(a)(1), Fla. Stat. (2007); McDonald v. State

N'Kosi Lerone Jones v. State of Florida

District Court of Appeal of Florida | Filed: Sep 9, 2019 | Docket: 16168743

Published

battery to a first degree felony pursuant to section 775.087(1), Florida Statutes (2011). We affirm.

JOHNNY JAMES SMITH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 4, 2019 | Docket: 16151313

Published

se. PER CURIAM. Affirmed. See § 775.087(2)(a)(1)(f), Fla. Stat. (2004); Johnson v. State

PETER BROWN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 21, 2019 | Docket: 16090304

Published

sentencing requirements must be applied when section 775.087(2), Florida Statutes (2012), is involved in

PETER BROWN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 21, 2019 | Docket: 16090304

Published

sentencing requirements must be applied when section 775.087(2), Florida Statutes (2012), is involved in

ERIC L. WILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055470

Published

a twenty-five-year mandatory minimum under section 775.087(2)(a)3., Florida Statutes (2007), (the “10/20/life”

James Farrell Davis Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2019 | Docket: 16049255

Published

was subject to an enhanced sentence under section 775.087(2)(a)3., Florida Statutes (providing for the

James Farrell Davis Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2019 | Docket: 16049255

Published

was subject to an enhanced sentence under section 775.087(2)(a)3., Florida Statutes (providing for the

Gregory L. Mattox Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jul 22, 2019 | Docket: 15947707

Published

required to do under the law, and pursuant to Section 775.087 of Section (3)d, run consecutive to the 15

ROGER RAYSOR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2019 | Docket: 15940620

Published

prison with a three-year minimum mandatory. See § 775.087(2)(a), Fla. Stat. (2014). At trial

MICHEL CHERFRERE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928481

Published

S. 782.04(1)(a) and F.S. 777.04(1) and F.S. 775.087(1). (emphases added). The record does

RODNEY SQUIRE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 17, 2019 | Docket: 15928479

Published

upon any person because of the discharge. See § 775.087(2)(a)3., Fla. Stat. (2016). Vicarious liability

CHANCY MALLORY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897438

Published

attempted second-degree murder is illegal because section 775.087, Florida Statutes, the 10-20-Life statute,

ANDREW JOHN KALINOWSKI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 3, 2019 | Docket: 15875039

Published

PER CURIAM. Affirmed. See § 775.087(1)(a), (2)(b), Fla. Stat. (2008); Strickland v

Robert Jacoby Turner v. State of Florida

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15855447

Published

results in certain mandatory sentences under section 775.087, Florida Statutes (2016), the 10-20-Life statute

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835847

Published

firearm as required by the 10-20-Life statute, section 775.087, Florida Statutes (2007).2 Bailey raises several

CHRISSHAWN ARRINGTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 15798558

Published

Judge. PER CURIAM. Affirmed. See § 775.087(1)(a), (2)(b), Fla. Stat. (2011); Strickland v

Jermaine Earl v. State of Florida

District Court of Appeal of Florida | Filed: Jun 7, 2019 | Docket: 15738280

Published

appellant argues was legally required pursuant to section 775.087(2), Florida Statues, because the jury found

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-13.

272 So. 3d 1210

Supreme Court of Florida | Filed: Jun 6, 2019 | Docket: 15737694

Published

commit a felony other than those enumerated in § 775.087(2), Fla. Stat. Semi-automatic or

Sheppard v. State

274 So. 3d 1152

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 64718907

Published

2d 730, 731-32 (Fla. 1985) ("[P]ursuant to section 775.087(1), a first-degree felony shall be reclassified

Sheppard v. State

274 So. 3d 1152

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 64718906

Published

2d 730, 731-32 (Fla. 1985) ("[P]ursuant to section 775.087(1), a first-degree felony shall be reclassified

Rashawn Renard Jackson v. State of Florida

273 So. 3d 1103

District Court of Appeal of Florida | Filed: May 2, 2019 | Docket: 15042036

Published

consecutive mandatory minimum sentences under section 775.087(2), Florida Statutes, also known as the 10-20-Life

Detarsha C. Bradley v. State of Florida

267 So. 3d 1103

District Court of Appeal of Florida | Filed: Apr 16, 2019 | Docket: 14945129

Published

consecutive minimum- mandatory sentences under section 775.087(2), Florida Statutes (10-20-Life); and Appellant

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-14.

267 So. 3d 980

Supreme Court of Florida | Filed: Apr 11, 2019 | Docket: 14917537

Published

DISCHARGE] [CAUSING [GREAT BODILY HARM] [DEATH]] § 775.087(2), Fla. Stat. Give if applicable.

Butler v. State

271 So. 3d 143

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64713569

Published

3d 740, 742 (Fla. 2010) (holding that under section 775.087, Florida Statutes, "the trial court has discretion

Butler v. State

271 So. 3d 143

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64713570

Published

3d 740, 742 (Fla. 2010) (holding that under section 775.087, Florida Statutes, "the trial court has discretion

Cooper v. State

267 So. 3d 558

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709242

Published

mandatory term of 20 years in prison pursuant to section 775.087(2)(a), Florida Statutes (the 10-20-Life statute)

Cooper v. State

267 So. 3d 558

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709241

Published

mandatory term of 20 years in prison pursuant to section 775.087(2)(a), Florida Statutes (the 10-20-Life statute)

MARK AGENOR v. STATE OF FLORIDA

268 So. 3d 868

District Court of Appeal of Florida | Filed: Mar 27, 2019 | Docket: 14809029

Published

ten years' imprisonment pursuant to section 775.087(2)(a)(1), Florida Statutes (2015), for possessing

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 14775754

Published

firearm as required by the 10-20-Life statute, section 775.087, Florida Statutes (2007).2 Bailey raises several

CALVIN SCOTT MCDONALD v. STATE OF FLORIDA

264 So. 3d 202

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549594

Published

attempted robbery with a firearm contrary to section 775.087(2)(a)1., Florida Statutes. The State did not

Espinoza v. State

264 So. 3d 343

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64704596

Published

mandatory sentences imposed upon him pursuant to section 775.087(2), Florida Statutes (2003), commonly *344referred

Espinoza v. State

264 So. 3d 343

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64704595

Published

mandatory sentences imposed upon him pursuant to section 775.087(2), Florida Statutes (2003), commonly *344referred

Denegal v. State

263 So. 3d 842

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64703357

Published

person is subject to a minimum mandatory sentence. § 775.087(2)(a), Fla. Stat. (2011). Specifically, if the

Denegal v. State

263 So. 3d 842

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64703356

Published

person is subject to a minimum mandatory sentence. § 775.087(2)(a), Fla. Stat. (2011). Specifically, if the

RAMON M. ORTIZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588064

Published

Judge. PER CURIAM. Affirmed. See § 775.087(1)(c), Fla. Stat. (2013); Strickland v. State

DAVID L. WILSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588074

Published

se. PER CURIAM. Affirmed. See § 775.087(2)(b), Fla. Stat. (2006); State v. Whitehead,

Fowler v. State

273 So. 3d 92

District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 64716023

Published

releasee reoffender provisions of section 775.082); § 775.087(1)(b) ) (providing that if, during the commission

Fowler v. State

273 So. 3d 92

District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 64716024

Published

releasee reoffender provisions of section 775.082); § 775.087(1)(b) ) (providing that if, during the commission

Fleming v. State

260 So. 3d 1199

District Court of Appeal of Florida | Filed: Jan 14, 2019 | Docket: 64700007

Published

with regards to consecutive sentencing under section 775.087(2)(d), Florida Statutes. The Florida Supreme

Alva W. Fleming v. State of Florida

District Court of Appeal of Florida | Filed: Jan 14, 2019 | Docket: 8494335

Published

with regards to consecutive sentencing under section 775.087(2)(d), Florida Statutes. The Florida Supreme

Fleming v. State

260 So. 3d 1199

District Court of Appeal of Florida | Filed: Jan 14, 2019 | Docket: 64700008

Published

with regards to consecutive sentencing under section 775.087(2)(d), Florida Statutes. The Florida Supreme

CLINTON JOHNSON v. STATE OF FLORIDA

263 So. 3d 74

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485206

Published

01(2); 921.0022(3)(i), Fla. Stat. (2018). Section 775.087(1), Fla. Stat. (2018), provides for reclassification

Smith v. State

262 So. 3d 852

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64702070

Published

term pursuant to the 10-20-Life statute. See § 775.087(2)(a)1.f., (2)(a)3., Fla. Stat. (2007). We conclude

Smith v. State

262 So. 3d 852

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64702071

Published

term pursuant to the 10-20-Life statute. See § 775.087(2)(a)1.f., (2)(a)3., Fla. Stat. (2007). We conclude

STATE OF FLORIDA v. DOMINIQUE WRIGHT

260 So. 3d 1076

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346791

Published

S. Supreme Court cases. The court declared section 775.087, Florida Statutes, the statute requiring a

WILSON PIERRE v. STATE OF FLORIDA

259 So. 3d 859

District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 8186514

Published

forty-year minimum-mandatory sentence pursuant to section 775.087, Florida Statutes, otherwise referred to as

Deshawn Hurst v. State of Florida

257 So. 3d 1202

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8140339

Published

offense is reclassified to a life felony. § 775.087(1), Fla. Stat. (2016). Section 775.082(3)(a)5

Brown v. State

260 So. 3d 1101

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074516

Published

firearm, which is a life felony pursuant to section 775.087 of the Florida Statutes. Despite Brown’s ineligibility

Lopez v. Junior

259 So. 3d 202

District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040499

Published

pursuant to the 10/20/Life statute. See § 775.087(2)(a)3., Fla. Stat. (2011)); 1 See Marshall

Lee v. State

257 So. 3d 1132

District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040500

Published

State, 186 So. 3d 989 (Fla. 2016)). 1 See § 775.087(2)(d), Fla. Stat. (2014) (known as the 10/20/Life

Rua-Torbizco v. State

255 So. 3d 462

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 64689226

Published

eluding a law enforcement officer. Pursuant to section 775.087(2) (the 10-20-Life statute), the jury also

Rua-Torbizco v. State

255 So. 3d 462

District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 64689226

Published

eluding a law enforcement officer. Pursuant to section 775.087(2) (the 10-20-Life statute), the jury also

Richard C. Solomon v. State

254 So. 3d 1121

District Court of Appeal of Florida | Filed: Aug 27, 2018 | Docket: 7819884

Published

imposed in count two. Additionally, pursuant to section 775.087(2), Florida Statutes (2006), the court imposed

Craig E. Edwards v. State

252 So. 3d 356

District Court of Appeal of Florida | Filed: Jul 23, 2018 | Docket: 7588439

Published

At that hearing, the trial court analyzed section 775.087, Florida Statutes (2017), under which Edwards

JULIO S. CENDEJAS v. STATE OF FLORIDA

250 So. 3d 851

District Court of Appeal of Florida | Filed: Jul 13, 2018 | Docket: 7428851

Published

count eight for his possession of a firearm, see § 775.087(2)(a)(1)(q), and for failing to reserve his right

WYLIE BILLUPS v. STATE OF FLORIDA

250 So. 3d 706

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292496

Published

consecutive mandatory minimum sentences under section 775.087(2)(d), Florida Statutes (2008), was improper

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-08.

244 So. 3d 157

Supreme Court of Florida | Filed: May 24, 2018 | Docket: 6890133

Published

pertaining to felony reclassification under section 775.087, Florida Statutes (2017), are added, one under

BYRON G. JENNINGS v. STATE OF FLORIDA

247 So. 3d 84

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716282

Published

consecutive mandatory minimum sentences pursuant to section 775.087(2)(d), Florida Statutes (2014), we reverse

Durant v. State

247 So. 3d 85

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716297

Published

by eleven people. He was charged under the section 775.087, Florida Statutes (2014) (“10/20/Life Statute”);

Garfield Plummer v. State of Florida

246 So. 3d 506

District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384576

Published

accepted Appellant’s open plea and applied section 775.087(2), Florida Statutes (2010), part of the 10-20-Life

TERRY LAMAR JAMES, JR. v. STATE OF FLORIDA

244 So. 3d 1142

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366295

Published

the trial court sentenced him pursuant to section 775.087, Florida Statutes (2012),1 to a mandatory minimum

Toland Jerome Bonner v. State of Florida

District Court of Appeal of Florida | Filed: Apr 5, 2018 | Docket: 6355436

Published

imposed consecutively to each other under section 775.087(2)(d), Florida Statutes (2015), the “10-20-Life”

MICHAEL WALLACH v. STATE OF FLORIDA

242 So. 3d 442

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354244

Published

was enhanced under the 10-20- Life statute. See § 775.087(2)(a)1., Fla. Stat. (2012) While burglary is one

DEMETRIUS WALKER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354203

Published

se. PER CURIAM. Affirmed. See § 775.087(1)(a), Fla. Stat. (2001); Knight v. State, 808

Terry Marshall III v. State of Florida

241 So. 3d 969

District Court of Appeal of Florida | Filed: Mar 29, 2018 | Docket: 6349197

Published

imposed a ten year mandatory-minimum term. See § 775.087(2)(a)1., Fla. Stat. (2012) (providing that an

JUAN EMILIO VILLANUEVA v. STATE OF FLORIDA

240 So. 3d 755

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340896

Published

imposed for any other felony offense. § 775.087(2)(d), Fla. Stat. (2016) (emphasis added).

CHRISTOPHER D. HUNTOON v. STATE OF FLORIDA

240 So. 3d 142

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333482

Published

mandatory minimum sentence as provided by section 775.087(2)(a), Florida Statutes (2013), for count one

KEVON OBAS v. STATE OF FLORIDA

238 So. 3d 853

District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333501

Published

court erroneously removed the reference to section 775.087(2)(a)3., Florida Statutes, under which appellant

Samuel Byrd v. State of Florida

238 So. 3d 917

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318681

Published

sentence is not affected by this opinion. section 775.087(2), Florida Statutes (2011), commonly referred

Ryan Erick Cheney v. State of Florida

236 So. 3d 500

District Court of Appeal of Florida | Filed: Feb 4, 2018 | Docket: 6292406

Published

that he was willing to allow defense 3 § 775.087(2)(a)2., Fla. Stat. (2016).

Torres v. State

236 So. 3d 499

District Court of Appeal of Florida | Filed: Feb 2, 2018 | Docket: 64672050

Published

correction of a scrivener's error. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year

Jose I. Torres v. State

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 6300770

Published

correction of a scrivener’s error. Pursuant to section 775.087(2)(a)1.p., Florida Statutes (2015), the ten-year

Payton v. State

239 So. 3d 129

District Court of Appeal of Florida | Filed: Jan 29, 2018 | Docket: 64674614

Published

firearm-related sentencing enhancement pursuant to section 775.087, Florida Statutes. There is no crime entitled

Charles Lee v. State of Florida

Supreme Court of Florida | Filed: Jan 25, 2018 | Docket: 6282764

Published

life imprisonment on April 20, 2001. Because section 775.087, Florida Statutes (2000),2 applied, the trial

Demetrius C. Cooper v. State

235 So. 3d 1034

District Court of Appeal of Florida | Filed: Jan 12, 2018 | Docket: 6262725

Published

term of 20 years with the, DOC pursuant to section ■775.087(2)(a), Florida Statutes (the 10-20-Life statute)

GLEN W. DAVIS v. STATE OF FLORIDA

237 So. 3d 416

District Court of Appeal of Florida | Filed: Jan 10, 2018 | Docket: 6258286

Published

sentenced to twenty years in prison pursuant to section 775.087, Florida Statutes, more commonly known as the

Robinson v. State

237 So. 3d 1105

District Court of Appeal of Florida | Filed: Dec 29, 2017 | Docket: 64673487

Published

firearm during the commission of the offense. See § 775.087(2), Fla. Stat. (2015) ; Young v. State , 86 So

Vanderren Robinson v. State

District Court of Appeal of Florida | Filed: Dec 25, 2017 | Docket: 6252160

Published

firearm during the commission of the offense. See § 775.087(2), Fla. Stat. (2015); Young v. State, 86 So

Vanderren Robinson v. State

District Court of Appeal of Florida | Filed: Dec 25, 2017 | Docket: 6252160

Published

firearm during the commission of the offense. See § 775.087(2), Fla. Stat. (2015); Young v. State, 86 So

Anthony R. Rhagnanan v. State

District Court of Appeal of Florida | Filed: Dec 25, 2017 | Docket: 6252167

Published

the defendant may face up to life imprisonment. § 775.087(2)(a)3. Our present record is not sufficiently

Tyrone Williams v. State of Florida

Supreme Court of Florida | Filed: Dec 21, 2017 | Docket: 6245757

Published

similar mandatory “25 to life” provision in section 775.087, Florida Statutes (2004)—also known as Florida’s

Jordan v. State

237 So. 3d 1070

District Court of Appeal of Florida | Filed: Dec 20, 2017 | Docket: 6244877

Published

Christian, the Florida Legislature amended section 775.087, Florida Statutes, to add new subsection (2)(d)

Burks v. State

237 So. 3d 1060

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240848

Published

mandatory minimum term of imprisonment under section 775.087(2)(a)(3), Florida Statutes (2007), and therefore

Morgan v. State

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6235079

Published

sentence pursuant to the 10-20-Life statute (section 775.087(2)(a)1., Fla. Stat. (2001)). The trial court

Darriue Montgomery v. State

230 So. 3d 1256

District Court of Appeal of Florida | Filed: Nov 9, 2017 | Docket: 6225688

Published

the 2012 version of the 10-20-Life statute, section 775.087(2), Florida Statutes, and ordered to.be served

Brown v. State

235 So. 3d 971

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219433

Published

discharging a firearm during the offense. See § 775.087(2)(a)(3), Fla. Stat. (2013). We find merit in

Derek Leon Walters v. State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2017 | Docket: 6182919

Published

minimum- mandatory sentence provision of section 775.087(2)(a)2., Florida Statutes (2010). The offense

Hurd v. State

229 So. 3d 876

District Court of Appeal of Florida | Filed: Oct 27, 2017 | Docket: 60281873

Published

resisting an officer with violence pursuant to section 775.087(1), Florida Statutes (2010), based on his use

Timothy Donald Helton v. State of Florida

227 So. 3d 228, 2017 WL 4448358

District Court of Appeal of Florida | Filed: Oct 6, 2017 | Docket: 6165150

Published

second-degree felony to a first-degree felony under section 775.087(1), Florida Statutes (2010), based on the use

Adam Lloyd Shepard v. State of Florida

227 So. 3d 746, 2017 WL 4413112

District Court of Appeal of Florida | Filed: Oct 5, 2017 | Docket: 6164209

Published

of Appeal’s definition of a “weapon” as to section 775.087(1), Florida Statutes. We agree with Appellant’s

McKinney v. State

229 So. 3d 414

District Court of Appeal of Florida | Filed: Sep 20, 2017 | Docket: 60281694

Published

reclassification as a first-degree felony under section 775.087(1) of the Florida Statutes where a firearm

Clark v. State

230 So. 3d 499

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145449

Published

See § 775,087(l)(b). As part of his first claim, Mr. Clark also alleges that “section 775.087(1) does

Rossi DeJour Armstead v. State of Florida

224 So. 3d 925, 2017 Fla. App. LEXIS 12248, 2017 WL 3686787

District Court of Appeal of Florida | Filed: Aug 28, 2017 | Docket: 6144132

Published

that “any mandatory minimum term required by section 775.087(2)—whether the defendant fires a gun, or only

Robert R. Miller v. State of Florida

224 So. 3d 851, 2017 WL 3469282, 2017 Fla. App. LEXIS 11638

District Court of Appeal of Florida | Filed: Aug 14, 2017 | Docket: 6144133

Published

that “any mandatory minimum term required by section 775.087(2)—whether the defendant fires a gun, or only

Maurice Javon Jackson v. State of Florida

224 So. 3d 850, 2017 WL 3469274, 2017 Fla. App. LEXIS 11637

District Court of Appeal of Florida | Filed: Aug 14, 2017 | Docket: 6144140

Published

that “any mandatory minimum term required by section 775.087(2)—whether the defendant fires a gun, or only

Collins v. State

228 So. 3d 1160, 2017 WL 3122205

District Court of Appeal of Florida | Filed: Jul 24, 2017 | Docket: 60278620

Published

imposed pursuant to the 10-20-Life statute, section 775.087(2)(a)3., Florida Statutes (2007), for discharging

VINCENT JONES v. STATE OF FLORIDA

225 So. 3d 290, 2017 WL 3085327, 2017 Fla. App. LEXIS 10446

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122331

Published

defendant to concurrent life sentences under section 775.087(1)(a), Florida Statutes (2016), the “10-20-Life”

Ricky T. Oliver v. State of Florida

220 So. 3d 1289, 2017 WL 2945842, 2017 Fla. App. LEXIS 9895

District Court of Appeal of Florida | Filed: Jul 11, 2017 | Docket: 6087792

Published

which held that mandatory mínimums under section 775.087, Florida Statutes, the 10-20-Life statute,

Detarsha Castro Bradley v. State of Florida

223 So. 3d 421, 2017 WL 2945840, 2017 Fla. App. LEXIS 9900

District Court of Appeal of Florida | Filed: Jul 11, 2017 | Docket: 6087796

Published

concurrent sentences must be imposed under section 775.087(2) where a single shot is fired at only one

State v. Richard W. Joy, III

221 So. 3d 1281, 2017 WL 2888972, 2017 Fla. App. LEXIS 9747

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6119607

Published

the commission of the offense, pursuant to section 775.087(1) and (2), Florida Statutes (2014). Based

Chris Leonard Thornes v. State of Florida

223 So. 3d 411, 2017 WL 2871032, 2017 Fla. App. LEXIS 9669

District Court of Appeal of Florida | Filed: Jul 6, 2017 | Docket: 6085235

Published

concurrent sentences must be imposed under section 775.087(2) where a single shot is fired at only one

TASHEEM T. DAVIS v. STATE OF FLORIDA

223 So. 3d 268, 2017 WL 2858899, 2017 Fla. App. LEXIS 9634

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085981

Published

concurrent mandatory minimum prison terms. “Section 775.087, Florida Statutes, commonly referred to as

Charlemagne v. State

223 So. 3d 1124, 2017 WL 2854413, 2017 Fla. App. LEXIS 9593

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6084661

Published

sentences of life imprisonment. Pursuant to section 775.087(2)(a)3, Florida Statutes (2009) (the 10-20-Life

MARCUS JAMAL JERRY v. STATE OF FLORIDA

225 So. 3d 246, 2017 WL 2859226, 2017 Fla. App. LEXIS 9635

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085985

Published

1992), the Florida Supreme Court held that section 775.087(1), Florida Statutes, which deals with enhancing

Fleming v. State

219 So. 3d 1038, 2017 WL 2821935, 2017 Fla. App. LEXIS 9291

District Court of Appeal of Florida | Filed: Jun 27, 2017 | Docket: 60266351

Published

was charged under the 10-20-Life statute, section 775.087(2),- Florida Statutes (2008), as was Count

Jackson v. State

219 So. 3d 899, 2017 WL 2664700, 2017 Fla. App. LEXIS 8966

District Court of Appeal of Florida | Filed: Jun 21, 2017 | Docket: 60266972

Published

appellant’s consecutive sentences imposed under section 775.087(2)(d), commonly known as-the 10-20-Life statute

Sonny Eric Pierce v. State of Florida

221 So. 3d 1218, 2017 WL 2438358, 2017 Fla. App. LEXIS 8125

District Court of Appeal of Florida | Filed: Jun 6, 2017 | Docket: 6069456

Published

vehicle is a non-qualifying offense under-section 775.087(2), and thus, had the convictions been affirmed

Chambers v. State

220 So. 3d 1243, 2017 WL 2373319, 2017 Fla. App. LEXIS 7935

District Court of Appeal of Florida | Filed: Jun 1, 2017 | Docket: 60267176

Published

murder convictions consecutively pursuant to section 775.087(2)(d), Florida Statutes (the 10-20-Life.statute)

Joseph Patrick Chambers v. State of Florida

District Court of Appeal of Florida | Filed: Jun 1, 2017 | Docket: 6068566

Published

murder convictions consecutively pursuant to section 775.087(2)(d), Florida Statutes (the 10-20-Life statute)

Jarrell L. Lathan v. State

218 So. 3d 510, 2017 WL 2302323, 2017 Fla. App. LEXIS 7667

District Court of Appeal of Florida | Filed: May 26, 2017 | Docket: 6068686

Published

, For purposes of remand, we note that section 775.087(2)(a)3. of the Florida Statutes (2015) requires

Martins v. State

227 So. 3d 149, 2017 WL 2180979

District Court of Appeal of Florida | Filed: May 17, 2017 | Docket: 6062501

Published

3d 989, 993 (Fla. 2016) (holding that under section 775.087(2)(d), Florida Statutes, “a trial judge has

Kendall Young v. State

219 So. 3d 206, 2017 WL 1967410, 2017 Fla. App. LEXIS 6822

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6063775

Published

Statutes (2014), “supersede” the provisions of section 775.087(2), that require the imposition of the ten-year

State v. Richard W. Joy, III

District Court of Appeal of Florida | Filed: May 8, 2017 | Docket: 6063769

Published

the commission of the offense, pursuant to section 775.087(1) and (2), Florida Statutes (2014). Based

Gabriel Valentin-Rodriguez v. State

District Court of Appeal of Florida | Filed: May 8, 2017 | Docket: 6063778

Published

authority for the minimum mandatory sentence, not section 775.087, Florida Statutes (2006). The matter is affirmed

Smith v. State

217 So. 3d 1187, 2017 WL 1683125, 2017 Fla. App. LEXIS 6134

District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 6057875

Published

imposition of the firearm enhancement under section 775.087(1), Florida Statutes (2011), which would constitute

Wilson v. State

219 So. 3d 931, 2017 WL 1653435, 2017 Fla. App. LEXIS 6132

District Court of Appeal of Florida | Filed: May 2, 2017 | Docket: 60266975

Published

consecutive mandatory minimum terms pursuant to section 775.087(2)(d), Florida Statutes (the 10-20-Life statute)

Rohbanni Wilson v. State of Florida

District Court of Appeal of Florida | Filed: May 1, 2017 | Docket: 6057371

Published

consecutive mandatory minimum terms pursuant to section 775.087(2)(d), Florida Statutes (the 10-20-Life statute)

Castillo v. State

217 So. 3d 1110, 2017 WL 1492938, 2017 Fla. App. LEXIS 5748

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 5784767

Published

life felony *1112 pursuant to section 775.087(l)(a), Florida Statutes (2015). With regard

Flanders v. State

217 So. 3d 160, 2017 WL 1278068, 2017 Fla. App. LEXIS 4656

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669325

Published

(which was reclassified as a life felony under section 775.087(a)(1)). Id., at 486. The Florida Supreme Court

State v. Robert F. Woodall, III

216 So. 3d 30, 2017 WL 836133, 2017 Fla. App. LEXIS 2850

District Court of Appeal of Florida | Filed: Mar 3, 2017 | Docket: 4616334

Published

during the offense. We agree. 1 Section 775.087(2)(a)2., Florida Statutes (2004), requires

State of Florida v. James Nathaniel Marshall

214 So. 3d 716, 2017 WL 808235, 2017 Fla. App. LEXIS 2742

District Court of Appeal of Florida | Filed: Mar 1, 2017 | Docket: 4612512

Published

to run count II consecutively to count VI. See § 775.087(2)(d), Fla. Stat. (2012). The trial court determined

James Nathaniel Marshall v. State of Florida

District Court of Appeal of Florida | Filed: Mar 1, 2017 | Docket: 4612514

Published

run count II consecutively to count VI. See § 775.087(2)(d), Fla. Stat. (2012). The trial court determined

Graves v. State

209 So. 3d 687, 2017 WL 634735, 2017 Fla. App. LEXIS 2129

District Court of Appeal of Florida | Filed: Feb 16, 2017 | Docket: 60259720

Published

with a minimum term of 25 years, pursuant to section 775.087(2), Florida Statutes, is reversed and remanded

Hutchison v. State

209 So. 3d 680, 2017 WL 535386, 2017 Fla. App. LEXIS 1776

District Court of Appeal of Florida | Filed: Feb 10, 2017 | Docket: 60259716

Published

felony due to his use of a knife, pursuant to section 775.087(1), Florida Statutes (2014), as charged in

William Hutchison v. State of Florida

District Court of Appeal of Florida | Filed: Feb 9, 2017 | Docket: 4583347

Published

386 U.S. 738 (1967). of a knife, pursuant to section 775.087(1), Florida Statutes (2014), as charged in

Tolbert v. State

211 So. 3d 126, 2017 Fla. App. LEXIS 1167

District Court of Appeal of Florida | Filed: Feb 1, 2017 | Docket: 60262534

Published

consecutive mandatory minimum sentences pursuant to section 775.087(2)(d), Florida Statutes (2012), since there

Watts v. State

210 So. 3d 720, 2017 Fla. App. LEXIS 628, 2017 WL 280896

District Court of Appeal of Florida | Filed: Jan 23, 2017 | Docket: 60261839

Published

consecutive ten-year mandatory mínimums pursuant to section 775.087(2), Florida Statutes. At the sentencing hearing

Kearney v. State

208 So. 3d 808, 2016 Fla. App. LEXIS 19234

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 60258687

Published

felony to a first-degree felony, pursuant to section 775.087, Florida Statutes (2004), and sentenced him

Pacheco-Velasquez v. State

208 So. 3d 293, 2016 Fla. App. LEXIS 18681

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555827

Published

sentence required under 10-20-Life statute (section 775.087(2)) does not supersede Youthful Offender statute

Solomon v. State

206 So. 3d 822, 2016 Fla. App. LEXIS 18458

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 4556058

Published

and aggravated battery charges, pursuant to section 775.087(2), Florida Statutes (2013). Williams

Gardner v. State

204 So. 3d 991, 2016 Fla. App. LEXIS 18577

District Court of Appeal of Florida | Filed: Dec 16, 2016 | Docket: 63630712

Published

plea would have been 25 years’ imprisonment. § 775.087(2)(a)3., Fla. Stat. (2013). Therefore, he alleges

Penn v. State

208 So. 3d 96, 2016 Fla. App. LEXIS 18416

District Court of Appeal of Florida | Filed: Dec 14, 2016 | Docket: 60259111

Published

prison terms under the 10-20-Life statute, section 775.087(2), Florida Statutes (2013). On the first two

Postaski v. State

203 So. 3d 967, 2016 Fla. App. LEXIS 16434

District Court of Appeal of Florida | Filed: Nov 4, 2016 | Docket: 4485679

Published

battery were improperly reclassified under section 775.087(1), Florida Statutes (2013), based on her codefen-dant’s

Timothy Herschel Thomas v. State of Florida

204 So. 3d 549, 2016 Fla. App. LEXIS 16231

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 4484728

Published

3d 252, 255 (Fla. 1st DCA 2016) (discussing section 775.087(2)(d), Florida Statutes). Accordingly

Robinson v. State

202 So. 3d 453, 2016 Fla. App. LEXIS 15881

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 60257241

Published

sentences to run consecutively, as required by section 775.087(2)(d), Florida Statutes. The written plea provided

Kenneth Alfred Bicking, III v. State of Florida

200 So. 3d 799, 2016 Fla. App. LEXIS 15046, 2016 WL 5874420

District Court of Appeal of Florida | Filed: Oct 7, 2016 | Docket: 4480300

Published

and sentence. Specifically, he argued that section 775.087(2)(a)l., the 10/20/Life provision, was improperly

Mason v. State

210 So. 3d 120, 2016 Fla. App. LEXIS 13522

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 4422980

Published

twenty-year minimum term of imprisonment under section 775.087(2)(a)(2), Florida Statutes (2012), but the

Mobley v. State

197 So. 3d 648, 2016 Fla. App. LEXIS 12697, 2016 WL 4431580

District Court of Appeal of Florida | Filed: Aug 22, 2016 | Docket: 60256325

Published

minimum sentences for each count pursuant to section 775.087(2), Florida Statutes. At the time of sentencing

President v. State

196 So. 3d 532, 2016 Fla. App. LEXIS 11095, 2016 WL 3919073

District Court of Appeal of Florida | Filed: Jul 20, 2016 | Docket: 60256101

Published

04(4)(c), 775.082(3)(c), Fla. Stat. (2001). . See § 775.087(2)(a)(1), Fla. Stat. (2001).

Tywann Octavious Carter v. State of Florida

194 So. 3d 584, 2016 Fla. App. LEXIS 11003, 2016 WL 3883509

District Court of Appeal of Florida | Filed: Jul 18, 2016 | Docket: 4111802

Published

thus triggering the 10-20-Life statute in section 775.087(2)(d), Florida Statutes. We have carefully

Anthony M. Gartman v. State of Florida

197 So. 3d 1181, 2016 Fla. App. LEXIS 10763, 2016 WL 3710252

District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 4113617

Published

felony are permissible but not required by section 775.087, Florida Statutes. The Supreme Court stated

Gonzalez v. State

197 So. 3d 84, 2016 Fla. App. LEXIS 10465, 2016 WL 3653712

District Court of Appeal of Florida | Filed: Jul 8, 2016 | Docket: 4109126

Published

“weapon” in the general reclassification statute, section 775.087(1), Florida Statutes (1991). 1 The

Eric Riva Muturi v. State of Florida

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3090221

Published

Supreme Court held that the 10-20-Life statute, section 775.087(2)(d), Florida Statutes, permits consecutive

Cedric Tate v. State of Florida

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3090227

Published

Williams held that consecutive sentences under section 775.087(2)(d) for offenses committed contemporaneously

Cruz v. State

194 So. 3d 574, 2016 WL 3554408

District Court of Appeal of Florida | Filed: Jun 29, 2016 | Docket: 3088984

Published

actual possession of a firearm. See § 775.087(2)(a)(l), Fla. Stat. (2012) (providing for the

Muturi v. State

192 So. 3d 1288, 2016 Fla. App. LEXIS 9897, 2016 WL 3512276

District Court of Appeal of Florida | Filed: Jun 28, 2016 | Docket: 60255327

Published

Supreme Court held that the 10-20-Life statute, section 775.087(2)(d), Florida Statutes, permits consecutive'

Yasmany Noa v. State of Florida

199 So. 3d 1004, 2016 Fla. App. LEXIS 9593, 2016 WL 3421256

District Court of Appeal of Florida | Filed: Jun 22, 2016 | Docket: 3081244

Published

recently held that under the plain language of section 775.087(2)(d), Florida Statutes, “consecutive mandatory

Gregory Azor v. State of Florida

192 So. 3d 1255, 2016 WL 3185999, 2016 Fla. App. LEXIS 8837

District Court of Appeal of Florida | Filed: Jun 8, 2016 | Docket: 3071333

Published

pursuant to this court’s precedent interpreting section 775.087(2), Florida Statutes (2008) (the 10-20-Life

Rodney Michel v. State of Florida

192 So. 3d 618, 2016 WL 3011532, 2016 Fla. App. LEXIS 7962

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071385

Published

resulting-from one criminal episode, pursuant to section- 775.087(2)(d), Florida Statutes (2008): It is

Isaac J. Nelson, III v. State of Florida

191 So. 3d 950, 2016 Fla. App. LEXIS 7193, 2016 WL 2745045

District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3071437

Published

murder with a firearm under the 10-20-Life law. § 775.087(2)(a)3, Fla. Stat. (1999) (requiring imposition

Anthony M. Gartman v. State of Florida

District Court of Appeal of Florida | Filed: May 5, 2016 | Docket: 3061491

Published

felony are permissible but not required by section 775.087, Florida Statutes. Per Williams, we vacate

Ronald Williams v. State of Florida

188 So. 3d 984, 2016 WL 1579248, 2016 Fla. App. LEXIS 5995

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055577

Published

to impose consecutive sentences pursuant to section 775.087(2)(d), Florida Statutes (2008), which provides:

Cruz v. State

District Court of Appeal of Florida | Filed: Apr 15, 2016 | Docket: 3054323

Published

have been in actual possession of a firearm. See § 775.087(2)(a)(1), Fla. Stat. (2012) (providing for the

John Henry Meador v. State of Florida

187 So. 3d 1283, 2016 Fla. App. LEXIS 5541, 2016 WL 1436510

District Court of Appeal of Florida | Filed: Apr 12, 2016 | Docket: 3052608

Published

erroneously. determined it was required under section 775.087(2)(d), Florida Statutes (2013), to impose the

Tyrone Williams v. State of Florida

189 So. 3d 288, 2016 WL 1534010, 2016 Fla. App. LEXIS 5517

District Court of Appeal of Florida | Filed: Apr 12, 2016 | Docket: 3052602

Published

has read a similar “25 to life” provision, section 775.087(2)(a)3., Florida Statutes, to permit the imposition

Elliott Vargas v. State

188 So. 3d 915, 2016 Fla. App. LEXIS 8733, 2016 WL 1573955

District Court of Appeal of Florida | Filed: Mar 24, 2016 | Docket: 3050053

Published

mandatory minimum sentences as required by section 775.087(2), Florida Statutes (2004), and (2) they were

Julius Franklin Rocker v. State of Florida

187 So. 3d 910, 2016 Fla. App. LEXIS 3608, 2016 WL 899563

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042770

Published

contention that the provision in *911 section 775.087 (“the 10-20-Life statute”) allowing the court

Walsh v. State

198 So. 3d 783, 2016 Fla. App. LEXIS 3382, 2016 WL 833583

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 3041725

Published

disability, advanced age, or homeless status; and section 775,087 reclassification of a felony to the next higher

Jamie Grant v. State of Florida

189 So. 3d 878, 2016 Fla. App. LEXIS 2726, 2016 WL 717961

District Court of Appeal of Florida | Filed: Feb 24, 2016 | Docket: 3038780

Published

because he was carrying a firearm. See § 775.087(2), Fla. Stat. (2010). On the possession of a

Ricardo L. Whyms v. State of Florida

186 So. 3d 587, 2016 Fla. App. LEXIS 2288, 2016 WL 627879

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036650

Published

KLINGENSMITH, JJ., concur. 1 . § 775.087(2), Fla. Stat. (2000).

Hargrove v. State

182 So. 3d 910, 2016 Fla. App. LEXIS 501, 2016 WL 165373

District Court of Appeal of Florida | Filed: Jan 15, 2016 | Docket: 60252836

Published

minimum mandatory sentence was imposed under section 775.087, Florida Statutes (2014), and not section 775

Richardson v. State

182 So. 3d 918, 2016 Fla. App. LEXIS 584, 2016 WL 166721

District Court of Appeal of Florida | Filed: Jan 15, 2016 | Docket: 60252840

Published

conviction was improperly enhanced under -section 775.087(1), Florida Statutes (2010),- because the jury

Antonio L. Harris v. State of Florida

182 So. 3d 859, 2016 Fla. App. LEXIS 264, 2016 WL 67398

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026061

Published

felony based on ; the - use of a .- deadly weapon. § 775.087(l)(b), Fla. Stat.. <1995); see also

Charlemagne v. State

185 So. 3d 540, 2016 Fla. App. LEXIS 102, 2016 WL 67303

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026010

Published

firearm causing great bodily harm. Pursuant to section 775.087(2)(a)3 of the Florida Statutes, the court sentenced

Jordan v. State

182 So. 3d 819, 2016 Fla. App. LEXIS 95, 2016 WL 63436

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026007

Published

sentenced pursuant to, the 1996 version of section 775.087, Florida Statutes. That statute has since been

Mickael Jackson a/k/a Michael Jackson v. State of Florida

180 So. 3d 226, 2015 Fla. App. LEXIS 18804, 2015 WL 9008779

District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021570

Published

ten-year mandatory minimum sentence. See § 775.087(2)(a)(l), Fla. Stat. (2014). The trial court imposed

Brooks v. State

186 So. 3d 564, 2015 Fla. App. LEXIS 18128, 2015 WL 7782309

District Court of Appeal of Florida | Filed: Dec 4, 2015 | Docket: 60253885

Published

during the course of committing these crimes. See § 775.087(2), Fla. Stat. (2014). . Brooks was eighteen

Marvin Broadway v. State of Florida

179 So. 3d 560, 2015 Fla. App. LEXIS 18019, 2015 WL 7752574

District Court of Appeal of Florida | Filed: Dec 2, 2015 | Docket: 3017405

Published

sentence; and (2) the 10-20-Life statute, section 775.087(2)(a), Florida Statutes (2012), also mandated

Antony Deshawn Melvin v. State of Florida

177 So. 3d 648

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991565

Published

316.1935(6), Fla. Stat. (2012). Similarly, section 775.087(2)(a), Florida Statutes, Florida’s 10-20-Life

Brown v. State

176 So. 3d 1013, 2015 Fla. App. LEXIS 15326, 2015 WL 6023723

District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 60250742

Published

twenty-five years. The correct statute is section 775.087(2)(a)(3), Florida Statutes (2013). On remand

Lewis v. State

177 So. 3d 64, 2015 Fla. App. LEXIS 15034, 2015 WL 5916851

District Court of Appeal of Florida | Filed: Oct 9, 2015 | Docket: 2866466

Published

a twenty-five-year mandatory minimum under section 775.087(2)(a)(3), Florida Statutes (1999) (providing

Pethtel v. State

177 So. 3d 631, 2015 Fla. App. LEXIS 13420, 2015 WL 5559767

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757053

Published

765-66 (Fla. 5th DCA 1985) (holding that section 775.087(1), Florida Statutes (1983), providing for

Schoonover v. State

176 So. 3d 994, 2015 Fla. App. LEXIS 12528, 2015 WL 4945022

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 60251047

Published

mandatory minimum twenty-year sentence pursuant to section 775.087(2)(a)2, Florida Statutes (2013) (10-20-Life

State of Florida v. Steven Ray Bray

174 So. 3d 488, 2015 Fla. App. LEXIS 12479

District Court of Appeal of Florida | Filed: Aug 19, 2015 | Docket: 2685298

Published

impose the mandatory minimum sentence under section 775.087(2), Florida Statutes (2013), due to the defendant’s

Lindsey v. State

168 So. 3d 267, 2015 Fla. App. LEXIS 9511, 2015 WL 3875264

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 60248631

Published

enforcement officer, and was permissible under section 775.087(2), applicable to murder involving the discharge

Calvin Weatherspoon v. State of Florida

194 So. 3d 341, 2015 Fla. App. LEXIS 9588, 2015 WL 3885725

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 2679247

Published

attempt to commit any offense listed in Florida Statute 775.087(2)(a)l, JAMES HER-ARD and/or CALVIN LEE

Charlemagne v. State

168 So. 3d 245, 2015 Fla. App. LEXIS 8921, 2015 WL 3631635

District Court of Appeal of Florida | Filed: Jun 12, 2015 | Docket: 60248625

Published

closing arguments require a new trial and (2) section 775.087, Florida Statutes (2014), commonly known as

Yegge v. State

186 So. 3d 553, 2015 Fla. App. LEXIS 5441, 2015 WL 1650293

District Court of Appeal of Florida | Filed: Apr 15, 2015 | Docket: 2649586

Published

10/20/Life sen-*558fencing enhancement1 statute, section 775.087(2), does not apply to this new sentence.1 Accordingly

James Graham v. State

160 So. 3d 108, 2015 Fla. App. LEXIS 3877, 2015 WL 1213972

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642448

Published

“within the range of 25 years to life” under section 775.087(2)(a)3., Florida Statutes (2008), where the

Brandi Nicole Harris v. State of Florida

160 So. 3d 913

District Court of Appeal of Florida | Filed: Feb 15, 2015 | Docket: 2634488

Published

firearm during the commission of the burglary. See § 775.087(2)(a)(l), Fla. Stat. (mandating minimum sentence

Fleming v. State

152 So. 3d 1256, 2014 Fla. App. LEXIS 20577, 2014 WL 7190975

District Court of Appeal of Florida | Filed: Dec 19, 2014 | Docket: 60244715

Published

offense could not be reclassified pursuant to section 775.087(1), Florida Statutes because use of a weapon

Miller v. State

151 So. 3d 566, 2014 Fla. App. LEXIS 20471, 2014 WL 7183235

District Court of Appeal of Florida | Filed: Dec 18, 2014 | Docket: 60244521

Published

consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statutes

Benjamin v. State

161 So. 3d 581, 2014 Fla. App. LEXIS 19621, 2014 WL 6790030

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610882

Published

and cites to the corresponding subsection of section 775.087, Florida Statutes (2011). The jury specifically

Tyron Terrance Roberts v. State

152 So. 3d 669, 2014 Fla. App. LEXIS 18831, 2014 WL 6460843

District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606373

Published

portion of his sentence, imposed pursuant to section 775.087(2)(a)l., Florida Statutes (2010). He argues

Michael W. Levine v. State of Florida

162 So. 3d 106, 2014 Fla. App. LEXIS 16808, 2014 WL 5149098

District Court of Appeal of Florida | Filed: Oct 15, 2014 | Docket: 1447659

Published

reclassifies the offense to a first-degree felony. § 775.087(l)(b), Fla. Stat. (2003). The fifty-year sentence

Nelson v. State

147 So. 3d 574, 2014 WL 4087543, 2014 Fla. App. LEXIS 12767

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 60243286

Published

PER CURIAM. Affirmed. See § 775.087(1), Fla. Stat. (2001); Goutier v. State, 692 So.2d 978 (Fla. 2d

Denson v. State

143 So. 3d 1198, 2014 WL 4056555, 2014 Fla. App. LEXIS 12660

District Court of Appeal of Florida | Filed: Aug 18, 2014 | Docket: 60242284

Published

aggregating seventy-five years, pursuant to section 775.087(2)(d), Florida Statutes (2011). We affirm on

Edwards v. State

145 So. 3d 194, 2014 Fla. App. LEXIS 12503, 2014 WL 3966291

District Court of Appeal of Florida | Filed: Aug 15, 2014 | Docket: 60242651

Published

consecutive thirty-year sentences. Pursuant to section 775.087(2), Florida Statutes (2008), the trial court

Liston T. Gumbs, Jr. v. State

143 So. 3d 1160, 2014 WL 3928491, 2014 Fla. App. LEXIS 12424

District Court of Appeal of Florida | Filed: Aug 13, 2014 | Docket: 936950

Published

maximum sentence of life in prison. See § 775.087(2)(a)3., Fla. Stat. (2009) (“Any person who is

Franklin Sanchez v. State

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3595

Published

firearm was an essential element of the offense. § 775.087(1), Fla. Stat. (2007). See State v. Tripp, 642

Dominique Wright v. State

143 So. 3d 995, 2014 WL 3605605, 2014 Fla. App. LEXIS 11175

District Court of Appeal of Florida | Filed: Jul 23, 2014 | Docket: 2303

Published

imposition of consecutive sentences based on section 775.087(2)(d), Florida Statutes (2011). The defendant

Derrick D. Wilkerson v. State

143 So. 3d 451, 2014 WL 3534286

District Court of Appeal of Florida | Filed: Jul 14, 2014 | Docket: 782534

Published

twenty-year mandatory minimum pursuant to section 775.087(2)(a)2., Florida Statutes (2008), was erroneous

Jacobrian Bray v. State

142 So. 3d 904, 2014 WL 2957259, 2014 Fla. App. LEXIS 10128

District Court of Appeal of Florida | Filed: Jul 2, 2014 | Docket: 1176

Published

to impose the mandatory minimum term under section 775.087(1), Florida Statutes (2006). The defendant’s

Mike v. State

155 So. 3d 1154, 2014 WL 2589201, 2014 Fla. App. LEXIS 8850

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60245577

Published

the PRR statute and the 10-20-Life statute, section 775.087, Florida Statutes. See McDonald v. State, 957

State v. Kelly

138 So. 3d 1169, 2014 WL 2116364, 2014 Fla. App. LEXIS 7707

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60240519

Published

is illegal and must therefore be reversed. Section 775.087 of the Florida Statutes clearly states that

Clark v. State

138 So. 3d 1104, 2014 WL 1890564, 2014 Fla. App. LEXIS 7046

District Court of Appeal of Florida | Filed: May 12, 2014 | Docket: 60240480

Published

with 10 years’ minimum-mandatory pursuant to section 775.087(2)(a)l., Florida Statutes (2008), for armed

Dottin v. State

138 So. 3d 566, 2014 WL 1808815, 2014 Fla. App. LEXIS 6745

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60240730

Published

PER CURIAM. Affirmed. See § 775.087(2)(d), Fla. Stat. (2001); Reeves v. State, 957 So.2d 625 (Fla. 2007);

Genovese v. State

136 So. 3d 1229, 2014 WL 1401387, 2014 Fla. App. LEXIS 5348

District Court of Appeal of Florida | Filed: Apr 11, 2014 | Docket: 60239939

Published

and solicitation, the information referenced section 775.087, Florida Statutes (2000), which reclassifies

Marrero v. State

135 So. 3d 374, 2014 WL 258648, 2014 Fla. App. LEXIS 749

District Court of Appeal of Florida | Filed: Jan 24, 2014 | Docket: 60239594

Published

sentence for use of a firearm pursuant to section 775.087(2)(a)3., Florida Statutes, as well as the properly

Touze v. State

129 So. 3d 466, 2014 WL 25581, 2014 Fla. App. LEXIS 58, 39 Fla. L. Weekly Fed. D 70

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237409

Published

year firearm minimum mandatory pursuant to section 775.087(2), Florida Statutes. Nevertheless, Touze’s

Roberts v. State

158 So. 3d 618, 2013 WL 6687751, 2013 Fla. App. LEXIS 20102

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60246263

Published

based on the use of the firearm, pursuant to section 775.087, Florida Statutes (2006) (the 10/20/Life statute)

Jackson v. State

127 So. 3d 1286, 2013 WL 6636106, 2013 Fla. App. LEXIS 19922

District Court of Appeal of Florida | Filed: Dec 17, 2013 | Docket: 60236687

Published

mandatory minimum of twenty-five years under section 775.087(2)(a)3., Florida Statutes (2011), also known

Gonzalez v. State

125 So. 3d 373, 2013 WL 5990054, 2013 Fla. App. LEXIS 18025

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60235867

Published

degree felony to a first degree felony under section 775.087(1)(b), Florida Statutes (2011). We affirm.

Betts v. State

128 So. 3d 158, 2013 WL 5951861, 2013 Fla. App. LEXIS 17856

District Court of Appeal of Florida | Filed: Nov 8, 2013 | Docket: 60236997

Published

year minimum mandatory sentence pursuant to section 775.087, Florida Statutes (2006). However, the written

Shea v. State

128 So. 3d 131, 2013 WL 5729708, 2013 Fla. App. LEXIS 16782

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60236982

Published

notwithstanding that the reclassification statute, section 775.087(1), Florida Statutes (1991), was not cited

Bass v. State

122 So. 3d 1002, 2013 WL 5630030, 2013 Fla. App. LEXIS 16494

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60234534

Published

twenty-five-year minimum mandatory pursuant to section 775.087(2)(a)(3), Florida Statutes (2006), which applies

Smart v. State

114 So. 3d 1048, 2013 WL 2395077, 2013 Fla. App. LEXIS 8765

District Court of Appeal of Florida | Filed: Jun 3, 2013 | Docket: 60231721

Published

imposed the consecutive mandatory mínimums under section 775.087(2)(d), Florida Statutes. For the following

Downey v. State

114 So. 3d 356, 2013 WL 2112430, 2013 Fla. App. LEXIS 7972

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231873

Published

784.07(2)(c), Florida Statutes, instead of section 775.087, Florida Statutes. *357Finally, Downey’s pro

Mann v. State

112 So. 3d 176, 2013 WL 1974943

District Court of Appeal of Florida | Filed: May 14, 2013 | Docket: 60231037

Published

sentence the trial court assessed pursuant to section 775.087(2)(a), Florida Statutes, was erroneous. We

Mayberry v. State

112 So. 3d 760, 2013 WL 1974942, 2013 Fla. App. LEXIS 7791

District Court of Appeal of Florida | Filed: May 14, 2013 | Docket: 60231265

Published

sentence the trial court assessed pursuant to section 775.087(2)(a), Florida Statutes, was erroneous. We

Chavers v. State

112 So. 3d 594, 2013 WL 1629190, 2013 Fla. App. LEXIS 6078

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60231178

Published

notable errors. With respect to the third issue, section 775.087(2), Florida Statutes (2008), fully authorizes

Baity v. State

111 So. 3d 267, 2013 WL 1590256, 2013 Fla. App. LEXIS 5973

District Court of Appeal of Florida | Filed: Apr 16, 2013 | Docket: 60230794

Published

felony murder conviction to a life felony under section 775.087(1), Florida Statutes (2009), because use of

O'Meara v. State

125 So. 3d 871, 2013 WL 1442050, 2013 Fla. App. LEXIS 5713

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60236101

Published

mandatory term of imprisonment pursuant to section 775.087(2), Florida Statutes (2008).1 On appeal, O’Meara

Hunter v. State

112 So. 3d 566, 2013 WL 1442231, 2013 Fla. App. LEXIS 5699

District Court of Appeal of Florida | Filed: Apr 10, 2013 | Docket: 60231154

Published

submitted for purposes of the 10-20-Life law, see section 775.087, Florida Statutes, the jury found that Hunter

King v. State

110 So. 3d 968, 2013 WL 1316435, 2013 Fla. App. LEXIS 5337

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230541

Published

twenty-five year minimum mandatory sentence under section 775.087(2)(a)3., Florida Statutes (2009). We agree

McClain v. State

109 So. 3d 1207, 2013 WL 1234802, 2013 Fla. App. LEXIS 5134

District Court of Appeal of Florida | Filed: Mar 28, 2013 | Docket: 60229465

Published

voluntary manslaughter conviction pursuant to section 775.087(2), Florida Statutes (2010). See Brown v. State

Pickett v. State

109 So. 3d 841, 2013 WL 811642, 2013 Fla. App. LEXIS 3494

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229816

Published

references to the firearm reclassification statute, section 775.087. .We conclude that the charging document did

Edwards v. State

108 So. 3d 696, 2013 WL 645566, 2013 Fla. App. LEXIS 2954

District Court of Appeal of Florida | Filed: Feb 22, 2013 | Docket: 60229203

Published

not subject to reclassification pursuant to section 775.087(1) because the use of a firearm is an essential

Mendez v. State

103 So. 3d 257, 2012 Fla. App. LEXIS 21676, 2012 WL 6603087

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227057

Published

minimum mandatory under the 10/20 Life statute, see § 775.087(2)(a)3, Fla. Stat. (1999), and remand for imposition

Lowery v. State

105 So. 3d 554, 2012 Fla. App. LEXIS 20875, 2012 WL 6031298

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60227866

Published

3-year minimum mandatory provision, pursuant to section 775.087(2), Florida Statutes, but denying his request

Cesar v. State

94 So. 3d 703, 2012 WL 3328387, 2012 Fla. App. LEXIS 13557

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60310968

Published

a ten-year mandatory minimum, pursuant to section 775.087(2), Florida Statutes, (the “10-20-life statute”)

Keel v. State

134 So. 3d 1005, 2012 WL 3326299, 2012 Fla. App. LEXIS 13471

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60238985

Published

offense, as in armed robbery or armed burglary. § 775.087(l)(b). In effect, the sentence has already been

Woods v. State

95 So. 3d 925, 2012 WL 3136461, 2012 Fla. App. LEXIS 12649

District Court of Appeal of Florida | Filed: Aug 3, 2012 | Docket: 60311345

Published

AFFIRMED. PALMER, TORPY and COHEN, JJ„ concur. . § 775.087, Fla. Stat. (2009). . The instructions virtually

Thornquist v. State

93 So. 3d 530, 2012 WL 3116606, 2012 Fla. App. LEXIS 12598

District Court of Appeal of Florida | Filed: Aug 2, 2012 | Docket: 60310650

Published

1 because, as the state properly concedes, section 775.087(2)(a)2., Florida Statutes (2009), only permits

Plancarte v. State

93 So. 3d 1102, 2012 Fla. App. LEXIS 11661, 2012 WL 2919105

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310436

Published

mandatory term pursuant to the 10/20/Life statute. § 775.087(2)(a)(3), Fla. Stat. (2003). We affirmed his direct

State v. Collazo

93 So. 3d 417, 2012 WL 2579595, 2012 Fla. App. LEXIS 10810

District Court of Appeal of Florida | Filed: Jul 5, 2012 | Docket: 60310580

Published

firearm by a convicted felon. Pursuant to section 775.087(2)(a)1.r, Florida Statutes (2009), the state

Harris v. State

93 So. 3d 409, 2012 WL 2476392, 2012 Fla. App. LEXIS 10585

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310575

Published

ten-year minimum mandatory sentences pursuant to section 775.087(2)(a)(1), Florida Statutes (2008), the 10-20-Life

Rogers v. State

89 So. 3d 990, 2012 WL 1648288, 2012 Fla. App. LEXIS 7409

District Court of Appeal of Florida | Filed: May 11, 2012 | Docket: 60308875

Published

ten-year mandatory minimum for using a firearm. See § 775.087(2)(a)(l), Fla. Stat. (2008). The State introduced

Townsend v. State

85 So. 3d 1190, 2012 Fla. App. LEXIS 6315, 2012 WL 1398634

District Court of Appeal of Florida | Filed: Apr 24, 2012 | Docket: 60307059

Published

mandatory pursuant to the 10-20-Life statute, section 775.087(2)(a)S., Florida Statutes. In this postconviction

Holmes v. State

84 So. 3d 421, 2012 WL 1059402, 2012 Fla. App. LEXIS 5001

District Court of Appeal of Florida | Filed: Mar 30, 2012 | Docket: 201508

Published

that the 10-20-Life enhancement pursuant to section 775.087(2), Florida Statutes (2008), would no longer

Middleton v. State

76 So. 3d 392, 2011 Fla. App. LEXIS 20830, 2011 WL 6934527

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 2358450

Published

C.J., and CASANUEVA, J., Concur. NOTES [1] § 775.087(2)(a), Fla. Stat. (2008).

Honeycutt v. State

75 So. 3d 1284, 2011 Fla. App. LEXIS 19940, 2011 WL 6183597

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60303643

Published

aggravated battery conviction pursuant to section 775.087(1), Florida Statutes, by reason of the use

Fleming v. State

75 So. 3d 397, 2011 Fla. App. LEXIS 19171, 2011 WL 6003291

District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 60303741

Published

and aggravated assault with a firearm (under § 775.087(2))); see also Downs v. State, 616 So.2d 444,

Battle v. State

72 So. 3d 311, 2011 Fla. App. LEXIS 16738, 2011 WL 5008538

District Court of Appeal of Florida | Filed: Oct 21, 2011 | Docket: 60303252

Published

attempted felony murder with a firearm pursuant to section 775.087(2)(a)(3), Florida Statutes (1999). Battle argued

Williams v. State

69 So. 3d 402, 2011 Fla. App. LEXIS 14980, 2011 WL 4374267

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 305654

Published

first-degree felony to a life felony, pursuant to section 775.087(1), Florida Statutes (2003) (providing, in

Rodriguez v. State

65 So. 3d 1133, 2011 Fla. App. LEXIS 11007, 2011 WL 2694428

District Court of Appeal of Florida | Filed: Jul 13, 2011 | Docket: 60301630

Published

inflicted great bodily harm on the victim under section 775.087(2)(a)3. Each subsection carries a separate

Nowell v. State

67 So. 3d 1064, 2011 Fla. App. LEXIS 9614, 2011 WL 2463059

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 2363283

Published

enhanced minimum mandatory term prescribed by section 775.087(2)(a)(1), Florida Statutes (2006). In his motion

Croft v. State

60 So. 3d 1151, 2011 Fla. App. LEXIS 6767, 2011 WL 1810596

District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 60300072

Published

basis for reclassifying the offense under section 775.087, Florida Statutes. The arguments on appeal

Washington v. State

70 So. 3d 634, 2011 Fla. App. LEXIS 6751

District Court of Appeal of Florida | Filed: May 13, 2011 | Docket: 60302853

Published

ten-year minimum mandatory sentence under section 775.087, Florida Statutes (2008), rather than the twenty-year

Woodruff v. State

54 So. 3d 569, 2011 Fla. App. LEXIS 1075, 2011 WL 340595

District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 2407280

Published

years' probation based on its application of section 775.087(2)(a)(3) of the 10-20-Life statute. That portion

Maldonado Melendez v. State

51 So. 3d 624, 2011 Fla. App. LEXIS 93, 2011 WL 111421

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 60297685

Published

corrected to reflect the offense as a life felony. § 775.087(l)(a), Fla. Stat. (2008). AFFIRMED. GRIFFIN, TORPY

Losh v. State

51 So. 3d 1188, 2011 Fla. App. LEXIS 17, 2011 WL 13729

District Court of Appeal of Florida | Filed: Jan 5, 2011 | Docket: 2408473

Published

imposition of a mandatory minimum sentence under section 775.087, Florida Statutes, is a nondiscretionary duty

Wilson v. State

50 So. 3d 784, 2010 Fla. App. LEXIS 19843, 2010 WL 5346810

District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 60297354

Published

three-year mandatory minimum sentence pursuant to section 775.087(2)(a)l., Florida Statutes, on count two of

State v. Malone

50 So. 3d 60, 2010 Fla. App. LEXIS 18626, 2010 WL 4967978

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297323

Published

sentence of twenty years’ imprisonment under section 775.087(2)(a)(2). We find the trial court erred in

Wise v. State

48 So. 3d 203, 2010 Fla. App. LEXIS 18330, 2010 WL 4861510

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296537

Published

01(l)(a)2., Florida Statutes (2006),5 and section 775.087(l)(a), Florida Statutes (2006).6 Based on section

Brown v. State

126 So. 3d 265, 2010 WL 3418350, 2010 Fla. App. LEXIS 12729

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 60236370

Published

a first-degree felony punishable by life. See § 775.087(l)(a), Fla. Stat. (1995). The judgment correctly

Aroche v. State

43 So. 3d 159, 2010 Fla. App. LEXIS 12734, 2010 WL 3418372

District Court of Appeal of Florida | Filed: Sep 1, 2010 | Docket: 60295424

Published

account of possession of a weapon or firearm. See § 775.087, Fla. Stat. (1993). Assuming no procedural bar

Scott v. State

42 So. 3d 923, 2010 Fla. App. LEXIS 12540, 2010 WL 3361751

District Court of Appeal of Florida | Filed: Aug 27, 2010 | Docket: 2205003

Published

prison term on each count in accordance with section 775.087(2), Florida Statutes (2007).[1] The only issue

Grable v. State

37 So. 3d 989, 2010 Fla. App. LEXIS 9768, 2010 WL 2634427

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1239643

Published

sentence imposed on each count pursuant to section 775.087, Florida Statutes (2007). Grable filed a Florida

Williams v. State

35 So. 3d 165, 2010 Fla. App. LEXIS 7305, 2010 WL 2077157

District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 1645811

Published

delinquent, under this State's 10-20-Life statute. See § 775.087(2)(a)1.a-r. Fla. Stat. (2008). We accept the State's

LaVALLEY v. State

30 So. 3d 513, 2010 Fla. App. LEXIS 3910, 2009 WL 4874760

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1639536

Published

essential element of the crime charged” whenever section 775.087(2), Florida Statutes, is invoked. See, e.g

Williams v. State

29 So. 3d 327, 2010 Fla. App. LEXIS 186, 2010 WL 129671

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 2410899

Published

weapon or firearm during its commission. See § 775.087(1)(b), Fla. Stat. (2008). The information alleged

Leonard v. State

24 So. 3d 786, 2009 Fla. App. LEXIS 20515, 2009 WL 5150257

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1152898

Published

for *787 aggravated assault with a firearm. Section 775.087(2)(a)(1), Florida Statutes (2006), requires

Windham v. State

14 So. 3d 255, 2009 Fla. App. LEXIS 10071, 2009 WL 2190216

District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 1160250

Published

LAWSON, J., concurring specially, with opinion. . § 775.087(2)(a), Fla. Slat. (2008).

State v. Allen

8 So. 3d 456, 2009 Fla. App. LEXIS 3208, 2009 WL 996815

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 60305484

Published

offense, when the offense is one listed in section 775.087(2)(a)(l)(a)-(q), Florida Statutes (2008), and

Fierro v. State

10 So. 3d 149, 2009 Fla. App. LEXIS 2514, 2009 WL 763484

District Court of Appeal of Florida | Filed: Mar 25, 2009 | Docket: 1132811

Published

twenty-five years and a maximum of life in prison. § 775.087, Fla. Stat. (2002). Prior to the sentencing hearing

Jacques v. State

1 So. 3d 1172, 2009 Fla. App. LEXIS 567, 2009 WL 187799

District Court of Appeal of Florida | Filed: Jan 28, 2009 | Docket: 1173430

Published

for possession of a firearm during the offense. § 775.087(2), Fla. Stat. (1997). In the instant motion Jacques

Parker v. State

2 So. 3d 373, 2008 Fla. App. LEXIS 19365, 2008 WL 5352227

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 60256726

Published

count I for discharging a firearm, pursuant to section 775.087(2)(a)3, Florida Statutes (2000), where the

In re Standard Jury Instructions in Criminal Cases—Report No. 2007-08

995 So. 2d 489, 33 Fla. L. Weekly Supp. 860, 2008 Fla. LEXIS 2048, 2008 WL 4736374

Supreme Court of Florida | Filed: Oct 30, 2008 | Docket: 64856879

Published

DISCHARGE] [CAUSING [GREAT BODILY HARM] [DEATH]] § 775.087(2), Fla. Stat. Give if applicable. If you find

Mitchell v. State

990 So. 2d 656, 2008 WL 4148983

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1292900

Published

accomplished by an amendment to Florida Statutes section 775.087(1), as added by chapter 95-184, § 19, at 1708

Denis v. State

994 So. 2d 1152, 2008 WL 2744237

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1666692

Published

defendant's guilt beyond a reasonable doubt. See § 775.087, Fla. Stat. (2004) (addressing use of firearm

Barrett v. State

983 So. 2d 795, 2008 WL 2511771

District Court of Appeal of Florida | Filed: Jun 25, 2008 | Docket: 1669423

Published

subject to a minimum mandatory sentence under section 775.087 regardless of whether the gun was loaded. We

Render v. State

983 So. 2d 753, 2008 WL 2357002

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1756289

Published

based upon the use of a firearm, pursuant to section 775.087, Florida Statutes (Supp.1990). In reaching

White v. State

974 So. 2d 1184, 2008 WL 462975

District Court of Appeal of Florida | Filed: Feb 22, 2008 | Docket: 1717823

Published

year minimum mandatory sentence on each count. § 775.087(2)(a)2, (2)(c), Fla. Stat. But case law seems

Ragan v. State

973 So. 2d 648, 2008 WL 245135

District Court of Appeal of Florida | Filed: Jan 31, 2008 | Docket: 499428

Published

sentence was improperly imposed pursuant to section 775.087(2), Florida Statutes (1982), because there

Roberts v. State

970 So. 2d 480, 2007 WL 4352751

District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 1695076

Published

, concur. NOTES [1] See § 784.021(1)(a) and § 775.087(2), Fla. Stat. (2004).

Boyd v. State

964 So. 2d 874, 2007 Fla. App. LEXIS 14867, 2007 WL 2766690

District Court of Appeal of Florida | Filed: Sep 25, 2007 | Docket: 64852459

Published

sentenced to a three-year minimum term under section 775.087(2)(a)l, Florida Statutes (2005). He now challenges

Campbell v. State

963 So. 2d 848, 2007 Fla. App. LEXIS 12237, 2007 WL 2254737

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 64852018

Published

should be corrected to strike references to section 775.087, Florida Statutes and replace them with references

Finethy v. State

962 So. 2d 990, 2007 Fla. App. LEXIS 11722, 2007 WL 2189074

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851829

Published

of a firearm to secure an enhancement under section 775.087, not section 921.0016. We too have held that

PLANCARTE v. State

975 So. 2d 487, 2007 WL 2042963

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 1259474

Published

twenty-five-year minimum mandatory pursuant to section 775.087(2)(a)(3), Florida Statutes (2003) (the 10/20/Life

Bessette v. State

975 So. 2d 478, 2007 WL 1857809

District Court of Appeal of Florida | Filed: Jun 29, 2007 | Docket: 2539062

Published

Because the sentences were not imposed under section 775.087(2), they did not require specific jury findings

Perez v. State

959 So. 2d 413, 2007 Fla. App. LEXIS 9528, 2007 WL 1754660

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 64851279

Published

PER CURIAM. Affirmed. See § 775.087(2), Fla. Stat. (1993); Fla. R.Crim. P. 3.702(d)(12); Grantham v

Sanchez v. State

956 So. 2d 1261, 2007 Fla. App. LEXIS 8293, 2007 WL 1542608

District Court of Appeal of Florida | Filed: May 30, 2007 | Docket: 64850811

Published

three-year mandatory minimum sentence under section 775.087(2), Florida Statutes, where actual possession

Figueroa v. State

956 So. 2d 1248, 2007 Fla. App. LEXIS 8164, 2007 WL 1514875

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 64850801

Published

reclassification for discharge of a firearm, § 775.087(2), Fla. Stat. (2004). At trial, however, it was

Ledesma v. State

958 So. 2d 477, 2007 Fla. App. LEXIS 7488, 2007 WL 1427472

District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 64851015

Published

appellant’s use of a weapon during the offense. § 775.087(l)(a), Fla. Stat. (1989). The same motion also

Jacobs v. State

954 So. 2d 1268, 2007 Fla. App. LEXIS 6383, 2007 WL 1224615

District Court of Appeal of Florida | Filed: Apr 27, 2007 | Docket: 64850358

Published

felony to one of the first-degree pursuant to section 775.087(1), Florida Statutes (2003), and sentenced

Williams v. State

948 So. 2d 847, 2007 WL 247897

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 881344

Published

reclassified due to the use of a weapon under section 775.087(1)). Cabal v. State, 678 So.2d 315 (Fla.1996)

Morin v. State

947 So. 2d 1250, 2007 Fla. App. LEXIS 1072, 2007 WL 258157

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 64848797

Published

of a minimum mandatory sentence pursuant to section 775.087(2), Florida Statutes (2002). Mr. Morin argued

Damico v. State

946 So. 2d 589, 2006 Fla. App. LEXIS 21267, 2006 WL 3733288

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 64848560

Published

incorrectly cited in Franklin; the correct statute is § 775.087, Fla. Stat. (2001). . The second district certified

Lang v. State

941 So. 2d 528, 2006 Fla. App. LEXIS 18908, 2006 WL 3207975

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 64847758

Published

possession of the firearm — as required by section 775.087(4), Florida Statutes (2005) — we reverse the

Carter v. State

939 So. 2d 1170, 2006 Fla. App. LEXIS 17837, 2006 WL 3018057

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 64847370

Published

murder is a level 9 offense,1 but argued that section 775.087(1) provides that, when the level of an offense

Rainey v. State

938 So. 2d 632, 2006 Fla. App. LEXIS 16620, 2006 WL 2844409

District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 64847079

Published

special finding that he carried a weapon. See § 775.087(1), Fla. Stat. (2005).

Shelton v. State

936 So. 2d 680, 2006 Fla. App. LEXIS 12499, 2006 WL 2080597

District Court of Appeal of Florida | Filed: Jul 28, 2006 | Docket: 64846314

Published

DIRECTIONS. GRIFFIN and MONACO, JJ., concur. . See § 775.087, Fla. Stat. (2003). . We also note that an independent

State v. Robbins

936 So. 2d 22, 2006 Fla. App. LEXIS 10363, 2006 WL 1708311

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 64846199

Published

082(9)(a) — constitutes a life felony pursuant to section 775.087(l)(a). If it does, Robbins must be sentenced

Wallace v. State

929 So. 2d 695, 2006 Fla. App. LEXIS 8098, 2006 WL 1409362

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 64844742

Published

destructive device during the commission of the crime. § 775.087(2)(a)l.-2., Fla. Stat. (2000). Relying upon the

Santana v. State

931 So. 2d 954, 2006 Fla. App. LEXIS 7012, 2006 WL 1331508

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64845449

Published

minimum sentence originally imposed pursuant to section 775.087(2)(a)3., Florida Statutes (1999),1 was not

Jefferson v. State

927 So. 2d 1037, 2006 Fla. App. LEXIS 7083, 2006 WL 1235167

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64844487

Published

sentence because the firearm enhancement statute, section 775.087(1), Florida Statutes (2001), does not apply

Hope v. State

927 So. 2d 1042, 2006 Fla. App. LEXIS 7020, 2006 WL 1234899

District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 64844488

Published

2d 495 (Fla. 4th DCA 2002), a case in which section 775.087, Florida Statutes (2002), the 10-20-Life enhancement

Hayward v. State

922 So. 2d 268, 2006 Fla. App. LEXIS 1257, 2006 WL 248395

District Court of Appeal of Florida | Filed: Feb 3, 2006 | Docket: 64842581

Published

sentence under Florida’s “10/20/Life” statute. See § 775.087, Fla. Stat. (2002). The conduct leading to these

Brown v. State

918 So. 2d 409, 2006 Fla. App. LEXIS 464, 2006 WL 140381

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 64841776

Published

section 810.02(2)(b) or a “firearm” under section 775.087(1), Florida Statutes. Under the facts of this

Dawkins v. State

923 So. 2d 520, 2005 Fla. App. LEXIS 20244, 2005 WL 3534437

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 64842966

Published

for possession of a firearm as a result. See § 775.087(2)(a)(l)(r), Fla. Stat. (2004). However, that

Rodriguez v. State

915 So. 2d 231, 2005 Fla. App. LEXIS 18563, 2005 WL 3116462

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 64841013

Published

ten-year minimum mandatory sentence under section 775.087(2)(a)(1), Florida Statutes (1999). The State

Thanonglit v. State

914 So. 2d 1003, 2005 Fla. App. LEXIS 16864, 2005 WL 2757374

District Court of Appeal of Florida | Filed: Oct 26, 2005 | Docket: 64840940

Published

the absence from the written judgment of section 775.087 and “with a firearm” is a scrivener’s error

Thomas v. State

913 So. 2d 88, 2005 Fla. App. LEXIS 16675, 2005 WL 2673695

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 64840723

Published

that a defendant can be sentenced pursuant to section 775.087(2)(a), Florida Statutes, provided the verdict

Washington v. State

912 So. 2d 344, 2005 Fla. App. LEXIS 15758

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 64840596

Published

twenty-year minimum mandatory sentence under section 775.087(2)(a)(2), Florida Statutes (2004), the penalties

Albritton v. State

911 So. 2d 1276, 2005 Fla. App. LEXIS 15783, 2005 WL 2439204

District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 64840559

Published

the sentence in count III is imposed under section 775.087(2), Florida Statutes (10-20-life), and is not

Green v. State

906 So. 2d 1246, 2005 Fla. App. LEXIS 11994, 2005 WL 1762011

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 64839639

Published

other pursuant to the ten-twenty-life statute, Section 775.087(2), Fla. Stat. (2004). The defendant filed

Gordon v. State

906 So. 2d 316, 2005 Fla. App. LEXIS 8269, 2005 WL 1309183

District Court of Appeal of Florida | Filed: Jun 3, 2005 | Docket: 64839526

Published

minimum mandatory terms imposed pursuant to section 775.087(2)(d), Florida Statutes, for two firearm offenses

Labissiere v. State

904 So. 2d 516, 2005 Fla. App. LEXIS 7911, 2005 WL 1226078

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 64839044

Published

for the purpose of deleting the reference to Section 775.087, Florida Statutes, from the judgment of conviction

Fountaine v. State

895 So. 2d 535, 2005 Fla. App. LEXIS 3187, 2005 WL 548213

District Court of Appeal of Florida | Filed: Mar 10, 2005 | Docket: 64836472

Published

mandatory life sentence imposed pursuant to section 775.087(2)(a)(3), Florida Statutes (1999), for the

Vickers v. State

891 So. 2d 627, 2005 Fla. App. LEXIS 646, 2005 WL 176603

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 64835486

Published

95-184, 19, at 1708-10, Laws of Fla. (amending section 775.087, applicable to offenses committed on or after

Strobridge v. State

889 So. 2d 982, 2004 Fla. App. LEXIS 19665, 2004 WL 2952747

District Court of Appeal of Florida | Filed: Dec 22, 2004 | Docket: 64835182

Published

resulted in “death or great bodily harm.” See § 775.087(2)(a)(3), Fla. Stat. (2002). Accordingly, the

Winsett v. State

888 So. 2d 707, 2004 Fla. App. LEXIS 18899, 2004 WL 2914061

District Court of Appeal of Florida | Filed: Nov 23, 2004 | Docket: 64834694

Published

PER CURIAM. AFFIRMED. See § 775.087(1), Fla. Stat. (1996). SAWAYA, C.J., PETERSON and PALMER, JJ., concur

Rodriguez v. State

885 So. 2d 1041, 2004 WL 2599358

District Court of Appeal of Florida | Filed: Nov 17, 2004 | Docket: 1685328

Published

the offense to a first-degree felony under section 775.087, Florida Statutes (1999), which allows reclassification

Vickers v. State

888 So. 2d 79, 2004 Fla. App. LEXIS 16672, 2004 WL 2482419

District Court of Appeal of Florida | Filed: Nov 5, 2004 | Docket: 64834435

Published

for only a three year mandatory minimum. See § 775.087(2)(a)l., Fla. Stat. Our decision will have no

Cooper v. State

884 So. 2d 286, 2004 Fla. App. LEXIS 11871, 2004 WL 1810071

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 64833469

Published

offense would be enhanced to a life felony under section 775.087(l)(a), Florida Statutes (1995). However, at

Washington v. State

876 So. 2d 1242, 2004 Fla. App. LEXIS 9174

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 64831650

Published

years pursu*1243ant to the 10/20/Life statute, section 775.087(2)(a)l, Florida Statutes (2002). See Bundrage

Torres v. State

879 So. 2d 1254, 2004 Fla. App. LEXIS 9188, 2004 WL 1460706

District Court of Appeal of Florida | Filed: Jun 30, 2004 | Docket: 64832190

Published

felony on account of the use of a firearm. See id. § 775.087(l)(a). On that premise, he argues that his separate

Willingham v. State

874 So. 2d 685, 2004 Fla. App. LEXIS 7344, 2004 WL 1161642

District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 64830933

Published

“any felony other than those enumerated in section 775.087(2), Florida Statutes.” § 921.0024(l)(b), Fla

Fairrow v. State

874 So. 2d 1205, 2004 Fla. App. LEXIS 6721, 2004 WL 1073793

District Court of Appeal of Florida | Filed: May 14, 2004 | Docket: 64831002

Published

minimum sentences are not authorized under section 775.087(2) at all, because the offenses were committed

Dayes v. State

869 So. 2d 58, 2004 Fla. App. LEXIS 2825, 2004 WL 444149

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 64829116

Published

imprisonment under the Ten-Twenty-Life law. See § 775.087(2)(a)1., Fla. Stat. (1999). The requirement for

Dayes v. State

869 So. 2d 58, 2004 Fla. App. LEXIS 2825, 2004 WL 444149

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 64829116

Published

imprisonment under the Ten-Twenty-Life law. See § 775.087(2)(a)1., Fla. Stat. (1999). The requirement for

Dukes v. State

866 So. 2d 775, 2004 Fla. App. LEXIS 2460, 29 Fla. L. Weekly Fed. D 526

District Court of Appeal of Florida | Filed: Mar 1, 2004 | Docket: 64828373

Published

sentence of 25 years’ imprisonment pursuant to section 775.087(2)(a)3., Florida Statutes (1999), was unlawful

Smith v. State

867 So. 2d 406, 2003 Fla. App. LEXIS 18684, 2003 WL 22880370

District Court of Appeal of Florida | Filed: Dec 8, 2003 | Docket: 64828596

Published

mandatory sentences he received pursuant to section 775.087(2)(d), Florida Statutes (2000), the “10-20-Life”

Spence v. State

859 So. 2d 1268, 2003 Fla. App. LEXIS 18085, 2003 WL 22798434

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 64826561

Published

remand appellant may be sentenced pursuant to section 775.087(2)(a)1., Florida Statutes (2001), *1269which

Florida Department of Revenue v. Howard

859 So. 2d 619, 2003 Fla. App. LEXIS 18069, 2003 WL 22799000

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 64826498

Published

on which they exercise their discretion. See § 775.087(5), Florida Statutes (2002) (“In every case .

Henry v. State

857 So. 2d 344, 2003 Fla. App. LEXIS 15800, 2003 WL 22398607

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 64825893

Published

first-degree felony based on the use of a weapon. Section 775.087(1) precludes reclassification when the use

Neeley v. State

856 So. 2d 1124, 2003 Fla. App. LEXIS 15723, 2003 WL 22399751

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 64825821

Published

ten-year mandatory minimum sentence under section 775.087(2)(a)l., Florida Statutes (2002), because of

Howard v. State

854 So. 2d 288, 2003 Fla. App. LEXIS 13992, 2003 WL 22135978

District Court of Appeal of Florida | Filed: Sep 17, 2003 | Docket: 64824995

Published

II, the judgment of conviction references section 775.087. However, a review of the jury’s verdict indicates

Morrow v. State

856 So. 2d 1043, 2003 Fla. App. LEXIS 13284, 2003 WL 22056414

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 64825799

Published

of Appeal held that the 10/20/life statute, section 775.087(2), Fla. Stat., is not on its face cruel or

Baker v. State

852 So. 2d 441, 2003 Fla. App. LEXIS 12554, 2003 WL 21990587

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 64824402

Published

counts, for use of a firearm, pursuant to section 775.087(2), Florida *442Statutes (1995). Appellant

Hall v. State

855 So. 2d 116, 2003 Fla. App. LEXIS 11047, 2003 WL 21697020

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 64825235

Published

felony for the use of a weapon pursuant to section 775.087(l)(a), Florida Statutes (2000). See State v

Mikell v. State

854 So. 2d 685, 2003 Fla. App. LEXIS 10829, 2003 WL 21658316

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 64825145

Published

was enhanced to a life felony pursuant to Section 775.087(1), Florida Statutes (1994), based on the use

Neira v. State

847 So. 2d 1134, 2003 Fla. App. LEXIS 9385, 2003 WL 21459245

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 64823468

Published

statutory provisions: Section 775.087(1) and (2), Florida Statutes (1983). Section 775.087(1) increases the

Magana v. State

846 So. 2d 1231, 2003 Fla. App. LEXIS 8336, 2003 WL 21296012

District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 64823291

Published

actually supported by section 775.087(2)(a)(l)(q), Florida Statutes (2000). Section 775.087(2)(a)(l)(q) provides

State v. Register

846 So. 2d 1198, 2003 Fla. App. LEXIS 8251, 2003 WL 21275614

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823279

Published

mandatory prison sentence. We reverse. Under section 775.087(2)(a)(l), Florida Statutes (2000), a felon

State v. Register

846 So. 2d 1198, 2003 Fla. App. LEXIS 8251, 2003 WL 21275614

District Court of Appeal of Florida | Filed: Jun 4, 2003 | Docket: 64823279

Published

mandatory prison sentence. We reverse. Under section 775.087(2)(a)(l), Florida Statutes (2000), a felon

Nino v. State

843 So. 2d 347, 2003 Fla. App. LEXIS 5681, 2003 WL 1916675

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 64822363

Published

aggravated battery reclassification statute, section 775.087, Fla. Stat. (1995). The state properly concedes

Young v. State

841 So. 2d 697, 2003 Fla. App. LEXIS 5629, 2003 WL 1877592

District Court of Appeal of Florida | Filed: Apr 16, 2003 | Docket: 64821811

Published

convictions to first-degree felonies under section 775.087(l)(b), Florida Statutes (2000). As charged

Thanonglit v. State

838 So. 2d 1261, 2003 Fla. App. LEXIS 3371, 2003 WL 1092829

District Court of Appeal of Florida | Filed: Mar 14, 2003 | Docket: 64821058

Published

.The information did, however, refer to section 775.087, the statute that enhances the punishment for

Rincon v. State

838 So. 2d 656, 2003 Fla. App. LEXIS 2388, 2003 WL 554415

District Court of Appeal of Florida | Filed: Feb 28, 2003 | Docket: 64820974

Published

authorized for an aggravated battery conviction. See § 775.087(2)(g), Fla. Stat. (1995). In the event that Mr

Spahalic v. State

837 So. 2d 596, 2003 Fla. App. LEXIS 1546, 2003 WL 327625

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 64820751

Published

imprisonment was a minimum mandatory term pursuant to section 775.087(2)(a), Florida Statutes (2000). Spahalie asked

Williams v. State

836 So. 2d 1082, 2003 Fla. App. LEXIS 1015, 2003 WL 241777

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 64820628

Published

first-degree felony to a life felony pursuant to section 775.087(l)(a), Florida Statutes (Supp.1990), for the

State v. R.C.S.

837 So. 2d 517, 2003 Fla. App. LEXIS 964

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 64820713

Published

we should analogize section 790.22(9), with section 775.087(1), Florida Statutes (1999).2 Moreover, we

Henry v. State

834 So. 2d 406, 2003 Fla. App. LEXIS 325, 2003 WL 131633

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 64819880

Published

court may apply the enhancement provisions of section 775.087(2)(a)(l), Florida Statutes (2000). Here, the

Jefferson v. State

832 So. 2d 927, 2002 Fla. App. LEXIS 19869, 2002 WL 31950369

District Court of Appeal of Florida | Filed: Dec 23, 2002 | Docket: 64819521

Published

Laws of Fla. (adding 10-20-life provisions to section 775.087, effective July 1, 1999). HARRIS, PETERSON

Smalls v. State

829 So. 2d 323, 2002 Fla. App. LEXIS 15524, 2002 WL 31397056

District Court of Appeal of Florida | Filed: Oct 25, 2002 | Docket: 64818584

Published

term of ten years in prison as required by section 775.087(2), Florida Statutes (1999) (the “10/20/Life”

Suber v. State

827 So. 2d 1043, 2002 Fla. App. LEXIS 14521, 2002 WL 31250565

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64818063

Published

overrides the mandatory sentence provided in section 775.087(2)(l)(r), Florida Statutes (2000). We conclude

Jenkins v. State

826 So. 2d 459, 2002 Fla. App. LEXIS 13205, 2002 WL 31027077

District Court of Appeal of Florida | Filed: Sep 12, 2002 | Docket: 64817644

Published

enhanced to a life felony *460pursuant to section 775.087(1), Florida Statutes (1997). In order to enhance

State v. Oglester

830 So. 2d 124, 2002 Fla. App. LEXIS 12023, 2002 WL 1906206

District Court of Appeal of Florida | Filed: Aug 21, 2002 | Docket: 64818928

Published

mandated by the firearm enhancement statute, section 775.087, Florida Statutes (2000). We affirm adopting

Mack v. State

823 So. 2d 841, 2002 Fla. App. LEXIS 11705, 2002 WL 1877044

District Court of Appeal of Florida | Filed: Aug 16, 2002 | Docket: 64816870

Published

first-degree felony to a life felony pursuant to section 775.087(2), Florida Statutes (1989); and that a life

Brooks v. State

818 So. 2d 671, 2002 Fla. App. LEXIS 8218, 2002 WL 1285176

District Court of Appeal of Florida | Filed: Jun 12, 2002 | Docket: 64815735

Published

reflect that defendant was sentenced pursuant to section 775.087 for the use of a firearm, as reflected from

Mack v. State

814 So. 2d 1107, 2002 Fla. App. LEXIS 4255, 2002 WL 491599

District Court of Appeal of Florida | Filed: Apr 3, 2002 | Docket: 64814657

Published

a three-year mandatory minimum pursuant to section 775.087(2), Florida Statutes (1989), for possession

Dukes v. State

808 So. 2d 276, 2002 Fla. App. LEXIS 2210, 2002 WL 313162

District Court of Appeal of Florida | Filed: Mar 1, 2002 | Docket: 64812817

Published

appellant challenges the constitutionality of section 775.087(2)-(7), Florida Statutes (1999), the 10/20/Life

Hazel v. State

813 So. 2d 109, 2002 Fla. App. LEXIS 736, 2002 WL 113451

District Court of Appeal of Florida | Filed: Jan 30, 2002 | Docket: 64814105

Published

specifically reference the use of a firearm. Under Section 775.087(l)(a), . Florida Statutes, whenever a person

State v. Cherry

801 So. 2d 278, 2001 Fla. App. LEXIS 17496, 2001 WL 1576199

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 64810652

Published

discussed at the plea hearing. He then argued that section 775.087(2)(d), Florida Statutes (2000), required consecutive

Coley v. State

801 So. 2d 205, 2001 Fla. App. LEXIS 17064, 2001 WL 1538972

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810612

Published

sentences for possession of a firearm pursuant to section 775.087(2), Florida Statutes (1997). Coley alleged

Bryant v. State

800 So. 2d 723, 2001 Fla. App. LEXIS 17060, 2001 WL 1538401

District Court of Appeal of Florida | Filed: Dec 5, 2001 | Docket: 64810399

Published

is not one of the offenses enumerated under section 775.087(2), Florida Statutes (1999), for which a three-year

Johnson v. State

799 So. 2d 387, 2001 Fla. App. LEXIS 16039, 2001 WL 1415132

District Court of Appeal of Florida | Filed: Nov 14, 2001 | Docket: 64810022

Published

indicates the one-level increase permitted by section 775.087 of the Florida Statutes. Without reclassification

Smith v. State

798 So. 2d 40, 2001 Fla. App. LEXIS 14642, 2001 WL 1231698

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 64809685

Published

that is subject to enhancement pursuant to section 775.087(2), Florida Statutes (1993), attempted burglary

Ghent v. State

795 So. 2d 1083, 2001 Fla. App. LEXIS 13320, 2001 WL 1104408

District Court of Appeal of Florida | Filed: Sep 21, 2001 | Docket: 64809033

Published

felonies for use of a firearm or weapon under section 775.087(1), Florida Statutes (1983). In Traylor v.

Devlin v. State

805 So. 2d 857, 2001 Fla. App. LEXIS 12870, 2001 WL 1041781

District Court of Appeal of Florida | Filed: Sep 12, 2001 | Docket: 64811941

Published

first-degree felony to a life felony pursuant to section 775.087(1), Florida Statutes (1993). The basis for

Kelly v. State

796 So. 2d 578, 2001 Fla. App. LEXIS 12553, 2001 WL 1045014

District Court of Appeal of Florida | Filed: Sep 7, 2001 | Docket: 64809215

Published

any felony other than those enumerated in section 775.087(2), Florida Statutes (1995). Kelly’s crime

Hill v. State

796 So. 2d 564, 2001 WL 945840

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 1249266

Published

citation to section 775.087, Florida Statutes, for counts one, two, four, and five. Section 775.087 is the

Newkirk v. State

791 So. 2d 1206, 2001 Fla. App. LEXIS 11479, 2001 WL 929771

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 64807590

Published

AFFIRMED. SHARP, W., and PLEUS, JJ., concur. . § 775.087(2)(a)l, Fla. Stat. (1997). . Even if the trial

State v. Carter

789 So. 2d 545, 2001 Fla. App. LEXIS 10304, 2001 WL 830564

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64806760

Published

his commission of firearm-related crimes. See § 775.087, Fla. Stat. (2000)(requiring minimum sentences)

James v. State

789 So. 2d 1200, 2001 Fla. App. LEXIS 9827, 2001 WL 804124

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 64806932

Published

of aggravated assault with a firearm under section 775.087(1), Florida Statutes (1997). The state incorrectly

Dominguez v. State

800 So. 2d 242, 2001 Fla. App. LEXIS 9168, 2001 WL 746627

District Court of Appeal of Florida | Filed: Jul 5, 2001 | Docket: 64810299

Published

ry sentence for possession of a firearm. See § 775.087(2), Fla. Stat. (1997). Convictions affirmed;

State v. Bynes

784 So. 2d 1145, 2001 Fla. App. LEXIS 2090, 2001 WL 193859

District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 64805311

Published

20-year sentence under the “10-20 Life” statute, section 775.087, Florida Statutes (1999). We affirm. See State

Brown v. State

787 So. 2d 58, 2001 Fla. App. LEXIS 2020, 2001 WL 173276

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 64806013

Published

utilizing the deadly weapon enhancement in section 775.087(l)(b), Florida Statutes (1997), because the

Nelson v. State

776 So. 2d 1130, 2001 Fla. App. LEXIS 1319, 2001 WL 120062

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 64803438

Published

minimum mandatory sentences imposed pursuant to section 775 .087(2), Florida Statutes (1999). We agree that

Green v. State

778 So. 2d 325, 2000 WL 1873080

District Court of Appeal of Florida | Filed: Dec 27, 2000 | Docket: 1290326

Published

He relies upon a line of cases interpreting section 775.087, Florida Statutes, which deals with the reclassification

Wooten v. State

779 So. 2d 516, 2000 Fla. App. LEXIS 15967, 2000 WL 1800584

District Court of Appeal of Florida | Filed: Dec 8, 2000 | Docket: 64804187

Published

correctly reclassified the level of her offense (see § 775.087(1), Fla. Stat. (1997)) and, therefore, counsel

Valdes-Fiallo v. State

761 So. 2d 1238, 2000 Fla. App. LEXIS 8741, 2000 WL 952781

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 64798542

Published

three-year minimum mandatory term required under section 775.087(2), Florida Statutes (1995), for the aggravated

Harrison v. State

765 So. 2d 159, 2000 Fla. App. LEXIS 8149, 2000 WL 864168

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 64799691

Published

sentence, pursuant to section 775.087(1), Florida Statutes (1995). Section 775.087(1) provides for re-classifications

Haydon v. State

755 So. 2d 785, 2000 Fla. App. LEXIS 4421, 2000 WL 378156

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 64796780

Published

degree felony to a first degree felony under section 775.087(1), Florida Statutes, based on the aggravated

Scott v. State

755 So. 2d 728, 2000 Fla. App. LEXIS 2262, 2000 WL 257179

District Court of Appeal of Florida | Filed: Mar 8, 2000 | Docket: 64796738

Published

sentences were lawfully enhanced to life under § 775.087, but there is nothing in his motion that suggests

State v. Haddad

750 So. 2d 139, 2000 Fla. App. LEXIS 693, 2000 WL 63112

District Court of Appeal of Florida | Filed: Jan 27, 2000 | Docket: 64794520

Published

mandatory term of imprisonment pursuant to section 775.087(2), Florida Statutes, but then suspended both

Panico v. State

746 So. 2d 1193, 1999 Fla. App. LEXIS 16717, 1999 WL 1136663

District Court of Appeal of Florida | Filed: Dec 14, 1999 | Docket: 64792967

Published

essential element, and which are not enumerated in section 775.087(2), Florida Statutes. Schmiel v. State, 727

Ruiz v. State

743 So. 2d 581, 1999 Fla. App. LEXIS 12530, 1999 WL 743872

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64791743

Published

cases upon which Clark relies, dealt with section 775.087(1), Florida Statutes (1997), which provides

Legg v. State

742 So. 2d 826, 1999 Fla. App. LEXIS 11832, 1999 WL 682601

District Court of Appeal of Florida | Filed: Sep 3, 1999 | Docket: 64791501

Published

pursuant to section 775.087(1), Florida Statutes (1995). We agree and reverse.1 Section 775.087(1) allows

Meriweather v. State

740 So. 2d 1210, 1999 Fla. App. LEXIS 10602, 1999 WL 586979

District Court of Appeal of Florida | Filed: Aug 6, 1999 | Docket: 64790831

Published

any felony, other than those enumerated in section 775.087(2), while having in his or her possession a

Gause v. State

739 So. 2d 1170, 1999 Fla. App. LEXIS 9688, 1999 WL 510615

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 64790487

Published

felony to a first-degree felony pursuant to section 775.087, Florida Statutes (1993). Gause asserts that

Clarkson v. State

736 So. 2d 156, 1999 Fla. App. LEXIS 9183, 1999 WL 462095

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 64789083

Published

offense of felon in possession of a firearm, see section 775.087(2), Florida Statutes (1995), we strike that

Roberts v. State

736 So. 2d 121, 1999 Fla. App. LEXIS 8339, 1999 WL 414754

District Court of Appeal of Florida | Filed: Jun 23, 1999 | Docket: 64789060

Published

sentence for imposition of the mandatory minimum. Section 775.087 provides that any person who has been convicted

Porter v. State

737 So. 2d 1119, 1999 Fla. App. LEXIS 6850, 1999 WL 497218

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 64789630

Published

subject to the reclassification provisions of section 775.087, Florida Statutes (1989). See State v. Rodriguez

Howard v. State

732 So. 2d 489, 1999 Fla. App. LEXIS 6796, 1999 WL 333087

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 64788219

Published

the three year minimum mandatory sentence of section 775.087 on the ground that it had not been alleged

Howard v. State

732 So. 2d 489, 1999 Fla. App. LEXIS 6796, 1999 WL 333087

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 64788219

Published

the three year minimum mandatory sentence of section 775.087 on the ground that it had not been alleged

McCormack v. State

728 So. 2d 335, 1999 Fla. App. LEXIS 2473, 1999 WL 122890

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 64786811

Published

sentence for the use of a deadly weapon under section 775.087(1), Florida Statutes (1995). This was error

Allen v. State

751 So. 2d 56, 1999 Fla. App. LEXIS 2470, 1999 WL 111163

District Court of Appeal of Florida | Filed: Mar 5, 1999 | Docket: 64794933

Published

CJ., W. SHARP, and GOSHORN, JJ., concur. .Section 775.087(1), Florida Statutes (1991) provides: Unless

Griffin v. State

729 So. 2d 423, 1999 Fla. App. LEXIS 1499, 1999 WL 73967

District Court of Appeal of Florida | Filed: Feb 18, 1999 | Docket: 64787148

Published

violation of 784.07(2)(b) as a level 4 offense. Section 775.087(1), Florida *424Statutes (1997), directs that

State v. A. B.

725 So. 2d 1263, 1999 Fla. App. LEXIS 830

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 64786056

Published

Unlike this statute’s adult counterpart, section 775.087(2), Florida Statutes (1997), which provides

Powell v. State

724 So. 2d 1207, 1998 Fla. App. LEXIS 14861, 1999 WL 2614

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 64785838

Published

he argues that the trial court, pursuant to section 775.087(2), Florida Statutes (1993), erroneously imposed

Cleveland v. State

717 So. 2d 188, 1998 Fla. App. LEXIS 11836, 23 Fla. L. Weekly Fed. D 2160

District Court of Appeal of Florida | Filed: Sep 18, 1998 | Docket: 64782692

Published

other than certain enumerated offenses in section 775.087(3) (none of which are involved in this ease)

State v. Bailey

716 So. 2d 854, 1998 Fla. App. LEXIS 11322, 1998 WL 559353

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64782487

Published

the state should have sought to correct it. Section 775.087(l)(a), Fla. Stat. (1989), mandates that the

McCallister v. State

716 So. 2d 821, 1998 WL 484112

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 424571

Published

use of a firearm to a second degree felony); § 775.087(1)(c), Fla. Stat. (1997). Here, the jury found

Gibson v. State

713 So. 2d 1069, 1998 Fla. App. LEXIS 8167, 1998 WL 380515

District Court of Appeal of Florida | Filed: Jul 10, 1998 | Docket: 64781763

Published

any felony other than those enumerated in section 775.087(2), Florida Statutes (1993). Robbery is one

Jackson v. State

712 So. 2d 467, 1998 Fla. App. LEXIS 7988, 1998 WL 347118

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64781356

Published

for use of the firearm during the robberies, section 775.087(2), are to run concurrently not only as to

Dues v. State

716 So. 2d 282, 1998 Fla. App. LEXIS 7878, 1998 WL 347956

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64782360

Published

of this crime to a life felony pursuant to section 775.087(l)(a) would have been improper. Standley v

Reynoso v. State

711 So. 2d 1239, 1998 Fla. App. LEXIS 5258, 1998 WL 236018

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 64781215

Published

any felony other than those enumerated in section 775.087(2) while having in his possession a semi-automatic

Reynoso v. State

711 So. 2d 1239, 1998 Fla. App. LEXIS 5258, 1998 WL 236018

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 64781215

Published

any felony other than those enumerated in section 775.087(2) while having in his possession a semi-automatic

Rubalcaba v. State

706 So. 2d 1380, 1998 Fla. App. LEXIS 2931, 1998 WL 131285

District Court of Appeal of Florida | Filed: Mar 25, 1998 | Docket: 64779501

Published

through VI were legal. . The reference to section 775.087, Florida Statutes, on the judgment is evidently

Rodriguez v. State

706 So. 2d 951, 1998 Fla. App. LEXIS 2668, 1998 WL 116178

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 64779324

Published

first-degree felony to a life felony pursuant to section 775.087, Florida Statutes due to the defendant’s use

Collado v. State

706 So. 2d 940, 1998 Fla. App. LEXIS 1867, 1998 WL 80419

District Court of Appeal of Florida | Filed: Feb 27, 1998 | Docket: 64779307

Published

526 (Fla. 2d DCA 1993), this court held that section 775.087(2), Florida Statutes (1993), requires actual

Chipp v. State

708 So. 2d 607, 1998 Fla. App. LEXIS 1855, 1998 WL 75251

District Court of Appeal of Florida | Filed: Feb 25, 1998 | Docket: 64779929

Published

information by interlineation, the reference to section 775.087, Florida Statutes, became mere sur-plusage

Gregg v. State

707 So. 2d 803, 1998 Fla. App. LEXIS 1304, 1998 WL 58184

District Court of Appeal of Florida | Filed: Feb 13, 1998 | Docket: 64779693

Published

three-year firearm minimum mandatory under section 775.087, Florida Statutes. The motion set forth a colorable

Elbert v. State

705 So. 2d 651, 1998 WL 17669

District Court of Appeal of Florida | Filed: Jan 21, 1998 | Docket: 64778733

Published

three-year minimum mandatory sentence pursuant to section 775.087(2), Florida Statutes (1993), but the prosecutor

Hall v. State

702 So. 2d 308, 1997 Fla. App. LEXIS 14096, 1997 WL 777344

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 64777234

Published

PER CURIAM. AFFIRMED. § 775.087(3)(a), Fla. Stat. (1995). DAUKSCH, COBB and PETERSON, JJ., concur.

Taylor v. State

701 So. 2d 1215, 1997 Fla. App. LEXIS 13299, 1997 WL 731598

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 64777006

Published

for kidnapping with a firearm, a life felony. § 775.087, Fla. Stat. (1983). As the felony was committed

Spates v. State

700 So. 2d 445, 1997 Fla. App. LEXIS 11864, 1997 WL 644779

District Court of Appeal of Florida | Filed: Oct 21, 1997 | Docket: 64776193

Published

before imposing a mandatory term, pursuant to section 775.087(2), Florida Statutes, is not cognizable under

State v. Vela

700 So. 2d 779, 1997 Fla. App. LEXIS 11851, 1997 WL 637646

District Court of Appeal of Florida | Filed: Oct 17, 1997 | Docket: 64776326

Published

one of the excluded felonies enumerated in section 775.087(2), Florida Statutes (1995), the trial court

Randolph v. State

704 So. 2d 130, 1997 Fla. App. LEXIS 11578, 1997 WL 665904

District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64778248

Published

and a 3-year mandatory minimum pursuant to section 775.087(2)(a)l, Florida Statutes (1993). However, as

Morgan v. State

698 So. 2d 917, 1997 Fla. App. LEXIS 10257, 1997 WL 537353

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64775571

Published

officer with a semiautomatic firearm. See id. § 775.087(2)(a). By motion for postconvietion relief, defendant

Robinson v. State

698 So. 2d 908, 1997 Fla. App. LEXIS 10252, 1997 WL 537062

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64775566

Published

three-year mandatory minimum term imposed under section 775.087(2), Florida Statutes, on the defendant’s conviction

Neal v. State

695 So. 2d 496, 1997 Fla. App. LEXIS 6288, 1997 WL 311629

District Court of Appeal of Florida | Filed: Jun 12, 1997 | Docket: 64774233

Published

crimes are among those crimes enumerated in section 775.087(2), Florida Statutes (1995). Florida Rule of

Newbold v. State

694 So. 2d 871, 1997 Fla. App. LEXIS 6212, 1997 WL 304707

District Court of Appeal of Florida | Filed: Jun 9, 1997 | Docket: 64774098

Published

II and III in Case No. 91^4058, pursuant to section 775.087(2), Florida Statutes (1991). Appellant argues

Carter v. State

693 So. 2d 111, 1997 Fla. App. LEXIS 4955, 1997 WL 231542

District Court of Appeal of Florida | Filed: May 9, 1997 | Docket: 64773324

Published

mandatory term is not authorized pursuant to section 775.087(2); however, one is required for the aggravated

Wells v. State

693 So. 2d 98, 1997 Fla. App. LEXIS 4905, 1997 WL 228679

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 64773318

Published

erred in applying the enhancement statute, section 775.087, Florida Statutes (1993), to the solicitation

Cromartie v. State

692 So. 2d 1007, 1997 Fla. App. LEXIS 4918, 1997 WL 228570

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 64773132

Published

enhanced sentence for armed Mdnapping pursuant to section 775.087, Florida Statutes (1987), as a life felony

Palmer v. State

692 So. 2d 974, 1997 Fla. App. LEXIS 4305, 1997 WL 202580

District Court of Appeal of Florida | Filed: Apr 25, 1997 | Docket: 64773116

Published

before enhancement is permitted pursuant to section 775.087, Florida Statutes); Cox v. State, 530 So.2d

Fosse v. State

691 So. 2d 1156, 1997 Fla. App. LEXIS 3961, 1997 WL 180249

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 64772540

Published

virtue of the charged use of a firearm under section 775.087, Florida Statutes (1993). The score-sheet accurately

Tullis v. State

692 So. 2d 229, 1997 Fla. App. LEXIS 4116, 1997 WL 175128

District Court of Appeal of Florida | Filed: Apr 14, 1997 | Docket: 64772612

Published

assault as a second degree felony, enhanced by section 775.087, Florida Statutes. As the state concedes, the

Anderson v. State

690 So. 2d 749, 1997 Fla. App. LEXIS 3170, 1997 WL 155123

District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 64772194

Published

mandatory term for possession of a firearm. See § 775.087(2), Fla. Stat. (1995); Simmons v. State, 457 So

Grimsley v. State

696 So. 2d 838, 1997 Fla. App. LEXIS 2718, 1997 WL 125903

District Court of Appeal of Florida | Filed: Mar 21, 1997 | Docket: 64774830

Published

to count II, carrying a concealed firearm. Section 775.087(2), Florida Statutes (1993), enumerates the

Easley v. State

689 So. 2d 1167, 1997 Fla. App. LEXIS 1821, 1997 WL 91278

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64771795

Published

contained in an enhancement statute such as section 775.087(2), Florida Statutes (1995), for use of a firearm

Suggs v. State

688 So. 2d 943, 1997 Fla. App. LEXIS 927, 1997 WL 49113

District Court of Appeal of Florida | Filed: Feb 10, 1997 | Docket: 64771487

Published

Statutes (1993), is not applicable pursuant to section 775.087(2)(a)2, as the state argues. There is no firearm

State v. Braddy

687 So. 2d 1338, 1997 WL 39596

District Court of Appeal of Florida | Filed: Feb 4, 1997 | Docket: 1370981

Published

mandatory firearm term imposed pursuant to section 775.087, Florida Statutes (the firearm statute). The

Redd v. State

684 So. 2d 881, 1996 Fla. App. LEXIS 13146, 1996 WL 724285

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 64769698

Published

mandatory sentence for possession of a firearm. Section 775.087(2), Florida Statutes (1993), provides that

McKnight v. State

683 So. 2d 1167, 1996 Fla. App. LEXIS 13257, 1996 WL 724216

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 64769463

Published

PER CURIAM. Affirmed. Section 775.087, Fla. Stat. (1987).

Moye v. State

683 So. 2d 624, 1996 Fla. App. LEXIS 12293, 1996 WL 673348

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 64769354

Published

trial court was required by the language of section 775.087, Florida Statutes (1993), to reclassify this

Word v. State

682 So. 2d 642, 1996 Fla. App. LEXIS 11379, 1996 WL 631690

District Court of Appeal of Florida | Filed: Nov 1, 1996 | Docket: 64768749

Published

required that trial courts determine whether section 775.087(2), Florida Statutes, has been properly invoked

Thomas v. State

685 So. 2d 867, 1996 Fla. App. LEXIS 10776, 1996 WL 592692

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64770148

Published

felony other than those felonies enumerated in section 775.087(2), Florida Statutes (1993). Robbery is one

Thomas v. State

685 So. 2d 867, 1996 Fla. App. LEXIS 10776, 1996 WL 592692

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64770148

Published

felony other than those felonies enumerated in section 775.087(2), Florida Statutes (1993). Robbery is one

Torti v. State

681 So. 2d 308, 1996 Fla. App. LEXIS 10469, 1996 WL 581921

District Court of Appeal of Florida | Filed: Oct 11, 1996 | Docket: 64768229

Published

having committed an offense with a firearm. See § 775.087(2), Fla. Stat. (1995). Torti was not charged with

Moore v. State

678 So. 2d 452, 1996 Fla. App. LEXIS 8489, 1996 WL 449486

District Court of Appeal of Florida | Filed: Aug 12, 1996 | Docket: 64766721

Published

and because this is an enumerated felony in section 775.087(2), Florida Statutes, the state concedes that

Fredenburgh v. State

679 So. 2d 8, 1996 Fla. App. LEXIS 6671, 1996 WL 346308

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64767077

Published

conviction to a first-degree felony pursuant to section 775.087(1), Florida Statutes (1991), because appellant

State v. Smith

671 So. 2d 276, 1996 Fla. App. LEXIS 3522, 1996 WL 165386

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64763723

Published

pursuant to section 775.087(2)(a)l, Florida Statutes (1993). Mr. Smith concedes that section 775.087 prohibits

Dacosta v. State

672 So. 2d 861, 1996 Fla. App. LEXIS 3339, 1996 WL 148855

District Court of Appeal of Florida | Filed: Apr 3, 1996 | Docket: 64764297

Published

three-year minimum mandatory provision required by section 775.087(2), Florida Statutes (1993), it was error,

Shepherd v. State

661 So. 2d 426, 1995 Fla. App. LEXIS 11427, 1995 WL 638321

District Court of Appeal of Florida | Filed: Nov 1, 1995 | Docket: 64759273

Published

three-year minimum mandatory provision required by section 775.087(2), Florida Statutes (1998), it was error,

Hollis v. State

659 So. 2d 1257, 1995 Fla. App. LEXIS 9151, 1995 WL 509252

District Court of Appeal of Florida | Filed: Aug 30, 1995 | Docket: 64758560

Published

felony pursuant to section 775.087, Florida Statutes (1993). Under section 775.087, Florida Statutes (1993)

Bowersock v. State

657 So. 2d 88, 1995 Fla. App. LEXIS 7792, 1995 WL 427725

District Court of Appeal of Florida | Filed: Jul 21, 1995 | Docket: 64757552

Published

mandatory term of imprisonment imposed under section 775.087(2), Florida Statutes, in Circuit Court Case

Riley v. State

654 So. 2d 621, 1995 Fla. App. LEXIS 4864, 1995 WL 258076

District Court of Appeal of Florida | Filed: May 5, 1995 | Docket: 64756099

Published

aggravated battery, based on use of a firearm. Section 775.087, Florida Statutes provides in subsection (1)

Knight v. State

653 So. 2d 457, 1995 Fla. App. LEXIS 3574, 1995 WL 150243

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64755478

Published

CALENDAR YEARS MUST BE IMPOSED PURSUANT TO SECTION 775.087(2)(A), FLORIDA STATUTES (1991)? AFFIRMED. COBB

Perkins v. State

648 So. 2d 316, 1995 Fla. App. LEXIS 95, 1995 WL 7657

District Court of Appeal of Florida | Filed: Jan 11, 1995 | Docket: 64753271

Published

record reveals no enhancement pursuant to section 775.087, Florida Statutes (1989), for use of a weapon

Perkins v. State

648 So. 2d 316, 1995 Fla. App. LEXIS 95, 1995 WL 7657

District Court of Appeal of Florida | Filed: Jan 11, 1995 | Docket: 64753271

Published

record reveals no enhancement pursuant to section 775.087, Florida Statutes (1989), for use of a weapon

Roulhac v. State

648 So. 2d 203, 1994 Fla. App. LEXIS 12543, 1994 WL 704793

District Court of Appeal of Florida | Filed: Dec 20, 1994 | Docket: 64753232

Published

with a firearm. Appellant asserts that, under section 775.087, Florida Statutes, the conviction for attempted

Jaramillo v. State

646 So. 2d 840, 1994 Fla. App. LEXIS 12207, 1994 WL 700672

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 64752765

Published

the first degree based on the provisions of section 775.087(1), Florida Statutes (1991). We agree with

Smith v. State

645 So. 2d 124, 1994 Fla. App. LEXIS 11016, 19 Fla. L. Weekly Fed. D 2417

District Court of Appeal of Florida | Filed: Nov 14, 1994 | Docket: 64752172

Published

weapon during the commission of those felonies. § 775.087(1), Fla.Stat. (1991) (emphasis added). To sustain

State v. Boykins

647 So. 2d 891, 1994 Fla. App. LEXIS 10773, 1994 WL 617114

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 64753027

Published

mandatory provision of section 775.087(2), Florida Statutes (1993). We reverse. Section 775.087(2)(a) provides

Wright v. State

642 So. 2d 1210, 1994 Fla. App. LEXIS 9612, 1994 WL 544244

District Court of Appeal of Florida | Filed: Oct 7, 1994 | Docket: 64751058

Published

degree felony to a life felony pursuant to section 775.087 because appellant’s codefendant used a handgun

Jackson v. State

641 So. 2d 965, 1994 Fla. App. LEXIS 8670, 1994 WL 483445

District Court of Appeal of Florida | Filed: Sep 8, 1994 | Docket: 64750538

Published

a three-year mandatory minimum term under section 775.087(2) for the use of a firearm during the commission

Robinson v. State

640 So. 2d 1200, 1994 Fla. App. LEXIS 7631, 1994 WL 397584

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 64750065

Published

three-year minimum mandatory sentence dictated by section 775.-087(2), Florida Statutes (1989), was illegally

Robinson v. State

640 So. 2d 1200, 1994 Fla. App. LEXIS 7631, 1994 WL 397584

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 64750065

Published

three-year minimum mandatory sentence dictated by section 775.-087(2), Florida Statutes (1989), was illegally

State v. Richards

639 So. 2d 680, 1994 Fla. App. LEXIS 6642, 1994 WL 321578

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749641

Published

felony to a first-degree felony pursuant to section 775.087(l)(b), Florida Statutes (1989).1 He subsequently

Majors v. State

636 So. 2d 876, 1994 Fla. App. LEXIS 4587, 1994 WL 182257

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 64748317

Published

have been reclassified as life felonies under section 775.087(l)(a), Florida Statutes (1989), thereby precluding

State v. Gray

633 So. 2d 105, 1994 Fla. App. LEXIS 1973, 1994 WL 72077

District Court of Appeal of Florida | Filed: Mar 11, 1994 | Docket: 64746803

Published

Gray to a first degree felony pursuant to section 775.087(l)(b), Florida Statutes (1991). We reverse

Alexander v. State

639 So. 2d 620, 1994 Fla. App. LEXIS 2078, 1994 WL 249496

District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 64749625

Published

firearm, and thus enhancement pursuant to section 775.087(1), Fla.Stat. (1992),3 constitutes improper

Darden v. State

627 So. 2d 627, 1993 Fla. App. LEXIS 12656, 1993 WL 536020

District Court of Appeal of Florida | Filed: Dec 28, 1993 | Docket: 64744465

Published

year mandatory minimum sentence pursuant to section 775.087, Florida Statutes (1991). As the sole point

Rutlege v. State

629 So. 2d 277, 1993 Fla. App. LEXIS 12329, 1993 WL 523962

District Court of Appeal of Florida | Filed: Dec 17, 1993 | Docket: 64745018

Published

his sentence was improperly enhanced under section 775.087(1), Florida Statutes (Supp. 1990), for the

Miller v. State

624 So. 2d 829, 1993 Fla. App. LEXIS 9843, 1993 WL 383473

District Court of Appeal of Florida | Filed: Sep 30, 1993 | Docket: 64743104

Published

conviction to a second-degree felony pursuant to section 775.087(1), Florida Statutes (1991), because appellant

Singletary v. Graham

622 So. 2d 634, 1993 Fla. App. LEXIS 8484, 1993 WL 312251

District Court of Appeal of Florida | Filed: Aug 18, 1993 | Docket: 64698182

Published

his claim is barred for a number of reasons. Section 775.087(2), Florida Statutes (1991), provides that

Jones v. Singletary

621 So. 2d 760, 1993 Fla. App. LEXIS 7025, 1993 WL 243117

District Court of Appeal of Florida | Filed: Jul 6, 1993 | Docket: 64697800

Published

second-degree felony to a first-degree felony under Section 775.-087(1), Florida Statutes (1989) based on the controlling

Isaac v. State

620 So. 2d 240, 1993 Fla. App. LEXIS 6561, 1993 WL 214581

District Court of Appeal of Florida | Filed: Jun 22, 1993 | Docket: 64697043

Published

felony to a first-degree felony, pursuant to section 775.087(1), Florida Statutes (1989) because, in this

Colon v. State

619 So. 2d 34, 1993 Fla. App. LEXIS 6216, 1993 WL 196322

District Court of Appeal of Florida | Filed: Jun 9, 1993 | Docket: 64696535

Published

impose a three-year minimum mandatory sentence. § 775.087(2)(a), Fla.Stat. (1991). Florida Rule of Criminal

Chaviano v. State

618 So. 2d 266, 1993 Fla. App. LEXIS 3354, 1993 WL 86466

District Court of Appeal of Florida | Filed: Mar 24, 1993 | Docket: 64696231

Published

first-degree felonies to life felonies pursuant to section 775.087(1), for use of a firearm. A jury thereafter

McCollough v. State

612 So. 2d 697, 1993 Fla. App. LEXIS 1218, 1993 WL 12410

District Court of Appeal of Florida | Filed: Jan 26, 1993 | Docket: 64693761

Published

appealed from the imposition, pursuant to section 775.087(2)(a), Florida Statutes, of a 3-year mandatory

Robins v. State

603 So. 2d 722, 1992 Fla. App. LEXIS 9450, 1992 WL 212017

District Court of Appeal of Florida | Filed: Sep 2, 1992 | Docket: 64669319

Published

punishable by life to a life felony pursuant to section 775.087(1), Florida Statutes. In Robins v. State, 602

Roberts v. State

599 So. 2d 751, 1992 Fla. App. LEXIS 5828, 1992 WL 115791

District Court of Appeal of Florida | Filed: Jun 3, 1992 | Docket: 64667744

Published

crime to a first degree felony pursuant to section 775.087(l)(b), Florida Statutes (1989) and denied his

Mullin v. State

597 So. 2d 424, 1992 Fla. App. LEXIS 4504, 1992 WL 81078

District Court of Appeal of Florida | Filed: Apr 22, 1992 | Docket: 64666780

Published

the three-year minimum sentence required by section 775.087, Florida Statutes (1991). Although Mullin did

Perkins v. State

593 So. 2d 324, 1992 Fla. App. LEXIS 1331, 1992 WL 26480

District Court of Appeal of Florida | Filed: Feb 19, 1992 | Docket: 64665147

Published

three year mandatory minimum sentence under section 775.087(2), Florida Statutes (1989). The mandatory

State v. Vola

591 So. 2d 248, 1991 WL 164426

District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 223434

Published

of robbery with a firearm, a violation of section 775.087(2)(a), Florida Statutes (1989), which carries

Jenkins v. State

590 So. 2d 560, 1991 Fla. App. LEXIS 12903, 1991 WL 279423

District Court of Appeal of Florida | Filed: Dec 26, 1991 | Docket: 64663772

Published

three-year minimum mandatory sentences pursuant to Section 775.087(2), Florida Statutes. Appellant correctly contends

Moreland v. State

590 So. 2d 1020, 1991 Fla. App. LEXIS 12300, 1991 WL 262894

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 64663948

Published

for a minimum mandatory sentence. However, section 775.087(2) imposes a 3-year-minimum mandatory sentence

Guillen v. State

589 So. 2d 345, 1991 Fla. App. LEXIS 11428, 1991 WL 231780

District Court of Appeal of Florida | Filed: Nov 6, 1991 | Docket: 64663100

Published

firearm, to-wit: a pistol ...,” contrary to section 775.087, Florida Statutes. The FDLE report contained

Robins v. State

587 So. 2d 581, 1991 Fla. App. LEXIS 10023, 1991 WL 204603

District Court of Appeal of Florida | Filed: Oct 8, 1991 | Docket: 64662288

Published

kidnapping count as a life felony pursuant to section 775.087(1), Florida Statutes, since the evidence showed

Pride v. State

570 So. 2d 1146, 1990 Fla. App. LEXIS 9366, 1990 WL 199167

District Court of Appeal of Florida | Filed: Dec 13, 1990 | Docket: 64654848

Published

493 So.2d 1016 (Fla.1986). We also note that section 775.087(2)(a), Florida Statutes (1989) does not provide

Fischer v. State

570 So. 2d 1005, 1990 Fla. App. LEXIS 7519, 1990 WL 145607

District Court of Appeal of Florida | Filed: Oct 5, 1990 | Docket: 64654779

Published

for attempted sexual battery, as enhanced by section 775.087, Fla.Stat. (1985), in case number 86-10829

Gainey v. State

557 So. 2d 887, 1990 Fla. App. LEXIS 1148, 1990 WL 16867

District Court of Appeal of Florida | Filed: Feb 20, 1990 | Docket: 64648646

Published

three-year mandatory minimum provisions of Section 775.087(2), Florida Statutes (1987), must be deleted

Fipps v. State

553 So. 2d 382, 14 Fla. L. Weekly 2823, 1989 Fla. App. LEXIS 6904, 1989 WL 148436

District Court of Appeal of Florida | Filed: Dec 11, 1989 | Docket: 64646842

Published

three-year mandatory minimum sentence under Section 775.087(2), Florida Statutes (1987) could not be applied

Thomas v. Dugger

548 So. 2d 230, 14 Fla. L. Weekly 420, 1989 Fla. LEXIS 829, 1989 WL 101540

Supreme Court of Florida | Filed: Aug 31, 1989 | Docket: 64644619

Published

mandatory sentence of three years imposed under section 775.087(2), Florida Statutes (1985). In 1988, petitioner

Paschal v. State

547 So. 2d 1298, 14 Fla. L. Weekly 2040, 1989 Fla. App. LEXIS 4843, 1989 WL 99704

District Court of Appeal of Florida | Filed: Aug 31, 1989 | Docket: 64644554

Published

with a 3-year minimum mandatory pursuant to section 775.087(2), Florida Statutes (1985). We find merit

Ingraham v. State

527 So. 2d 222, 13 Fla. L. Weekly 1072, 1988 Fla. App. LEXIS 1782, 1988 WL 40958

District Court of Appeal of Florida | Filed: May 5, 1988 | Docket: 64635623

Published

permits enhancement of the sentence under section 775.087, Florida Statutes (1977). The state charged

Department of Corrections v. Powell

504 So. 2d 1250, 11 Fla. L. Weekly 2095, 1986 Fla. App. LEXIS 9965

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 64626201

Published

minimum sentences of three years pursuant to section 775.087, Florida Statutes (1983), filed their petitions

Department of Corrections v. Powell

504 So. 2d 1250, 11 Fla. L. Weekly 2095, 1986 Fla. App. LEXIS 9965

District Court of Appeal of Florida | Filed: Oct 2, 1986 | Docket: 64626201

Published

minimum sentences of three years pursuant to section 775.087, Florida Statutes (1983), filed their petitions

Connolly v. State

474 So. 2d 912, 10 Fla. L. Weekly 2044, 1985 Fla. App. LEXIS 15650

District Court of Appeal of Florida | Filed: Aug 30, 1985 | Docket: 64613812

Published

commission of the attempted murders under section 775.087(2), Florida Statutes (1981). Defendant is correct

Lane v. State

469 So. 2d 148, 10 Fla. L. Weekly 705, 1985 Fla. App. LEXIS 12897

District Court of Appeal of Florida | Filed: Mar 12, 1985 | Docket: 64612136

Published

counts. • Petitioner was sentenced, pursuant to section 775.087(1), (2), Florida Statutes (1979), for one count

Bowers v. State

444 So. 2d 488, 1984 Fla. App. LEXIS 11275

District Court of Appeal of Florida | Filed: Jan 11, 1984 | Docket: 64602396

Published

ordered that the 3 year minimum provisions of F.S. 775.087(2) are hereby imposed for the sentence specified

M. W. B. v. State

335 So. 2d 10, 1976 Fla. App. LEXIS 13845

District Court of Appeal of Florida | Filed: Jul 13, 1976 | Docket: 64554464

Published

year minimum term of commitment pursuant to F.S. 775.087. *11Two of the cases involve the same factual