Neville Baker v. State

District Court of Appeal of Florida

Neville Baker v. State

152 So. 3d 735, 2014 Fla. App. LEXIS 19607, 2014 WL 6775403

CourtDistrict Court of Appeal of Florida

DecidedDecember 3, 2014

Docket4D11-4635

StatusPublished

This text of 152 So. 3d 735 (Neville Baker 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

Neville Baker v. State, 152 So. 3d 735, 2014 Fla. App. LEXIS 19607, 2014 WL 6775403 (Fla. Ct. App. 2014).

Pincite

Opinion

PER CURIAM.

We affirm appellant’s conviction for attempted first degree murder and kidnapping with a firearm. We find no merit in his claim that the court erred in denying his motion to suppress based upon an invalid search warrant which relied on an anonymous source. Under the totality of the circumstances, the magistrate had sufficient probable cause to issue the warrant. See Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Here, in addition to the anonymous source, there was other verified information upon which the magistrate could rely. Appellant also claims that the court erred in preventing an expert’s use of a PowerPoint presentation, but no proffer was made of the presentation. In any event, the trial court prevented its use, because the state had never been notified of it prior to the expert testifying. The court did not abuse its discretion. Finally, no error occurred when the trial court allowed a detective to testify that a gun could fit into a bag held by appellant and observed on a surveillance video.

The trial court sentenced appellant to life in prison for attempted first degree murder and, consecutively, to life in prison for kidnapping. The state concedes that it was error to sentence appellant to life for attempted first degree murder because attempted first degree murder is a first degree felony punishable by imprisonment for thirty years. See §§ 775.082, 777.04(4)(b), Fla. Stat. (2009); see also Croft v. State, 60 So.3d 1151, 1152 (Fla. 5th DCA 2011) (holding that attempted first degree murder is a first degree felony, not a life felony, and that it is punishable by a maximum of thirty years’ imprisonment). We thus reverse appellant’s sentence on attempted first degree murder and remand for resentencing on that charge.

Affirmed in part and reversed in part and remanded.

WARNER, MAY and CONNER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm appellant’s conviction for attempted first degree murder and kidnapping with a firearm. We find no merit in his claim that the court erred in denying his motion to suppress based upon an invalid search warrant which relied on an anonymous source. Under the totality of the circumstances, the magistrate had sufficient probable cause to issue the warrant. See Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). Here, in addition to the anonymous source, there was other verified information upon which the magistrate could rely. Appellant also claims that the court erred in preventing an expert’s use of a PowerPoint presentation, but no proffer was made of the presentation. In any event, the trial court prevented its use, because the state had never been notified of it prior to the expert testifying. The court did not abuse its discretion. Finally, no error occurred when the trial court allowed a detective to testify that a gun could fit into a bag held by appellant and observed on a surveillance video.

The trial court sentenced appellant to life in prison for attempted first degree murder and, consecutively, to life in prison for kidnapping. The state concedes that it was error to sentence appellant to life for attempted first degree murder because attempted first degree murder is a first degree felony punishable by imprisonment for thirty years. See §§ 775.082, 777.04(4)(b), Fla. Stat. (2009); see also Croft v. State, 60 So.3d 1151, 1152 (Fla. 5th DCA 2011) (holding that attempted first degree murder is a first degree felony, not a life felony, and that it is punishable by a maximum of thirty years’ imprisonment). We thus reverse appellant’s sentence on attempted first degree murder and remand for resentencing on that charge.

Affirmed in part and reversed in part and remanded.

WARNER, MAY and CONNER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

152 So. 3d 735, 2014 Fla. App. LEXIS 19607, 2014 WL 6775403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neville-baker-v-state-fladistctapp-2014.

Opinion

Related

Cite This Page — Counsel Stack