State v. Bailey

District Court of Appeal of Florida

State v. Bailey

716 So. 2d 854, 1998 Fla. App. LEXIS 11322, 1998 WL 559353

CourtDistrict Court of Appeal of Florida

DecidedSeptember 4, 1998

DocketNo. 97-2688

StatusPublished

This text of 716 So. 2d 854 (State v. Bailey) 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

State v. Bailey, 716 So. 2d 854, 1998 Fla. App. LEXIS 11322, 1998 WL 559353 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The state appeals the trial court’s order granting Jimmie Lee Bailey’s (defendant) motion to correct an illegal sentence.¹ We affirm.

Although the written plea agreement .refers only to second-degree murder, makes no reference to a firearm, and calls for the sixty-year sentence now complained of, the subsequent sentencing colloquy and the judgment establish that the defendant was actually adjudicated guilty of second-degree murder with a firearm. If this was done in error, the state should have sought to correct it. Section 775.087(l)(a), Fla. Stat. (1989), mandates that the crime be reclassified as a life felony because a firearm was used in the commission of the murder. See Farmer v. State, 672 So.2d 639 (Fla. 5th DCA 1996).

AFFIRMED.

GRIFFIN, C.J., and DAUKSCH and ANTOON, JJ., concur.

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PER CURIAM.

The state appeals the trial court’s order granting Jimmie Lee Bailey’s (defendant) motion to correct an illegal sentence.¹ We affirm.

Although the written plea agreement .refers only to second-degree murder, makes no reference to a firearm, and calls for the sixty-year sentence now complained of, the subsequent sentencing colloquy and the judgment establish that the defendant was actually adjudicated guilty of second-degree murder with a firearm. If this was done in error, the state should have sought to correct it. Section 775.087(l)(a), Fla. Stat. (1989), mandates that the crime be reclassified as a life felony because a firearm was used in the commission of the murder. See Farmer v. State, 672 So.2d 639 (Fla. 5th DCA 1996).

AFFIRMED.

GRIFFIN, C.J., and DAUKSCH and ANTOON, JJ., concur.

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Bluebook (online)

716 So. 2d 854, 1998 Fla. App. LEXIS 11322, 1998 WL 559353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bailey-fladistctapp-1998.

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