Molinet-Gonzalez v. State
The Fourth DCA reversed a Violent Career Criminal (VCC) designation where the trial court relied on a PSI report's hearsay summary of an arrest affidavit—rather than the four corners of the certified judgment—to conclude that a prior conviction for felon in possession of ammunition 'involved' a firearm. The court held that reliance on the PSI to go beyond the judgment was fundamental error, and separately held that as a matter of law, felon-in-possession-of-ammunition does not qualify as a 'felony violation of chapter 790 involving the use or possession of a firearm' under the VCC statute because the offense can be committed without possessing a firearm.
Key facts
- Molinet-Gonzalez was charged with a crime and the trial court designated him as a Violent Career Criminal (VCC) based partly on a prior conviction for felon in possession of ammunition.
- The trial court relied on a hearsay summary in the presentence investigation (PSI) report—rather than the certified judgment itself—to conclude the prior conviction involved a firearm.
- +2 more key facts with a free trial
Why it matters
This decision clarifies that VCC (and by extension similar enhancement) predicate-offense analysis must apply a strict statutory-elements test, and that sentencing courts cannot bootstrap disputed hearsay from a PSI… — full analysis with a trial
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