Pedley v. State

District Court of Appeal of Florida

Pedley v. State

84 So. 3d 387, 2012 WL 932830, 2012 Fla. App. LEXIS 4466

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 2012

DocketNo. 4D10-1868

StatusPublished

This text of 84 So. 3d 387 (Pedley 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

Pedley v. State, 84 So. 3d 387, 2012 WL 932830, 2012 Fla. App. LEXIS 4466 (Fla. Ct. App. 2012).

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Opinion

PER CURIAM.

Oniel Pedley appeals convictions for three counts of attempted first degree murder, one count of robbery with a firearm, and one count kidnapping while armed with a firearm. Originally, he received sentences of mandatory life in prison on the attempted murder counts and robbery count. On the kidnapping count, he received a sentence of ten years. The state recognized that it had misadvised the court regarding the mandatory sentences, and upon a motion to correct the sentences, the court resentenced Pedley to life with a mandatory minimum sentence of 25 years on the attempted murder counts and robbery count, but sentenced him to 25 years on the kidnapping count, thus increasing his sentence. The state concedes that this was an error, and we agree. We reverse the sentence on the kidnapping count and remand for reinstatement of the original ten-year mandatory sentence on this count.

We reject appellant’s claim of error in the jury instruction, as no objection was lodged at trial, and it does not amount to fundamental error.

Affirmed as to conviction; reversed as to sentence in accordance with this opinion.

WARNER, STEVENSON and CONNER, JJ., concur.

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PER CURIAM.

Oniel Pedley appeals convictions for three counts of attempted first degree murder, one count of robbery with a firearm, and one count kidnapping while armed with a firearm. Originally, he received sentences of mandatory life in prison on the attempted murder counts and robbery count. On the kidnapping count, he received a sentence of ten years. The state recognized that it had misadvised the court regarding the mandatory sentences, and upon a motion to correct the sentences, the court resentenced Pedley to life with a mandatory minimum sentence of 25 years on the attempted murder counts and robbery count, but sentenced him to 25 years on the kidnapping count, thus increasing his sentence. The state concedes that this was an error, and we agree. We reverse the sentence on the kidnapping count and remand for reinstatement of the original ten-year mandatory sentence on this count.

We reject appellant’s claim of error in the jury instruction, as no objection was lodged at trial, and it does not amount to fundamental error.

Affirmed as to conviction; reversed as to sentence in accordance with this opinion.

WARNER, STEVENSON and CONNER, JJ., concur.

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Bluebook (online)

84 So. 3d 387, 2012 WL 932830, 2012 Fla. App. LEXIS 4466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pedley-v-state-fladistctapp-2012.