Felton Sears v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: May 27, 2026
• Docket: 3D2026-0792
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed May 27, 2026. Not final until disposition of timely filed motion for rehearing.

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No. 3D26-0792 Lower Tribunal No. F10-32949-A ________________

Felton Sears, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jason Bloch, Judge.

Felton Sears, in proper person.

James Uthmeier, Attorney General, and Lourdes B. Fernandez, Assistant Attorney General, for appellee.

Before LOGUE, LINDSEY, and GORDO, JJ.

PER CURIAM. Affirmed. See State v. Iseley, 944 So. 2d 227, 231 (Fla. 2006) (“The

requisite ‘clear jury finding’ was made in this case. This jury’s finding that

Iseley was guilty of aggravated assault with a firearm as charged in the

information is consistent with both the language of the information and the

evidence adduced at trial. The information expressly charged that a firearm

was used during the commission of the aggravated assault. Our review of

the record establishes that the only deadly weapon involved in this case was

the firearm referenced in the information and that there was no dispute that

the weapon met the definition of a firearm. Consequently, we conclude that

because the verdict form contained an express reference to the use of a

firearm in the commission of the crime, the evidence supports that finding

required by section 775.087, and the verdict of guilt of aggravated assault

with a firearm constituted the clear jury finding necessary under our

precedent.”).