RICHARD ROSS v. THE STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: February 1, 2023
• Docket: 22-1916
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 1, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1916 Lower Tribunal No. F04-6787 ________________

Richard Ross, Appellant,

vs.

The State of Florida, Appellee.

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

Richard Ross, in proper person.

Ashley Moody, Attorney General, for appellee.

Before EMAS, GORDO and BOKOR, JJ.

PER CURIAM. Affirmed. See § 812.13(2)(a), Fla. Stat. (2006) (“If in the course of

committing the robbery the offender carried a firearm or other deadly

weapon, then the robbery is a felony of the first degree, punishable by

imprisonment for a term of years not exceeding life imprisonment . . . .”)

(emphasis added); Brown v. State, 458 So. 2d 313, 314 (Fla. 5th DCA 1984)

(noting that armed robbery “is already an enhanced charge under the

robbery statute” because the legislature added, as an essential element, the

carrying of a firearm or other deadly weapon, and made such crime a first-

degree felony punishable by life); Jackson v. State, 175 So. 3d 368, 369–70

(Fla. 3d DCA 2015) (holding that because the defendant was charged with

and convicted of a first-degree felony punishable by life, in which a firearm

or weapon was an essential element of the offense, the life sentence

imposed was lawful without regard to, or reliance on, reclassification or

enhancement statutes).