Gammage v. State

District Court of Appeal of Florida

Gammage v. State

210 So. 3d 97, 2016 Fla. App. LEXIS 13264

CourtDistrict Court of Appeal of Florida

DecidedSeptember 2, 2016

Docket2D14-3898

StatusPublished

This text of 210 So. 3d 97 (Gammage v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gammage v. State, 210 So. 3d 97, 2016 Fla. App. LEXIS 13264 (Fla. Ct. App. 2016).

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Opinion

ORDER ON MOTION TO ENFORCE MANDATE

PER CURIAM.

Patrick Gammage filed a motion to enforce mandate, claiming that the trial court did not comply with the directions in this court’s opinion in Gammage v. State, 181 So.3d 1256 (Fla. 2d DCA 2015). He contends that the trial court did not enter judgments for and resentence him *98 on the lesser included offenses of attempted tampering with jurors as first-degree misdemeanors as required by this court’s opinion. We deny the motion to enforce mandate because this court remanded for entry of judgments for the lesser included offenses of attempted tampering and for resentencing and the trial court complied with our mandate. We clarify that the offense of attempted tampering with jurors is a third-degree felony. See § 777.04(4)(d), Fla. Stat. (2013) (providing that “if the offense attempted ... is a ... [fjelony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of criminal attempt ... is a felony of the third degree”); § 921.0022(3)(d), Fla. Stat. (2013) (ranking the third-degree felony of tampering with jurors under section 918.12, Florida Statutes, as a level 4 offense).

MORRIS, KHOUZAM and BADALAMENTI, JJ., Concur.

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ORDER ON MOTION TO ENFORCE MANDATE

PER CURIAM.

Patrick Gammage filed a motion to enforce mandate, claiming that the trial court did not comply with the directions in this court’s opinion in Gammage v. State, 181 So.3d 1256 (Fla. 2d DCA 2015). He contends that the trial court did not enter judgments for and resentence him *98 on the lesser included offenses of attempted tampering with jurors as first-degree misdemeanors as required by this court’s opinion. We deny the motion to enforce mandate because this court remanded for entry of judgments for the lesser included offenses of attempted tampering and for resentencing and the trial court complied with our mandate. We clarify that the offense of attempted tampering with jurors is a third-degree felony. See § 777.04(4)(d), Fla. Stat. (2013) (providing that “if the offense attempted ... is a ... [fjelony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of criminal attempt ... is a felony of the third degree”); § 921.0022(3)(d), Fla. Stat. (2013) (ranking the third-degree felony of tampering with jurors under section 918.12, Florida Statutes, as a level 4 offense).

MORRIS, KHOUZAM and BADALAMENTI, JJ., Concur.

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Bluebook (online)

210 So. 3d 97, 2016 Fla. App. LEXIS 13264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gammage-v-state-fladistctapp-2016.

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