Turner v. State
In a Rule 3.800(a) appeal, the Fifth DCA affirmed the defendant's PRR life sentence for second-degree murder but reversed 30-year sentences on attempted second-degree murder and felon-in-possession counts because the written sentencing order improperly included an HFO designation that was never orally pronounced, and the offenses could not be reclassified to first-degree felonies under section 775.087(1) given the jury's special-verdict finding that the defendant did not actually possess a firearm. The court remanded for correction of the illegal sentences.
Key facts
- Defendant Turner was convicted of second-degree murder, attempted second-degree murder, and felon-in-possession of a firearm; the trial court imposed a PRR life sentence for the murder conviction and 30-year sentences for the other counts with an HFO designation in the written order.
- The jury rendered a special-verdict finding that the defendant did not actually possess a firearm, despite the felon-in-possession conviction.
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Why it matters
This decision reinforces the rule, consistent with the First and Second DCAs, that a jury's special-verdict finding negating firearm possession precludes reclassification under section 775.087(1) regardless of whether… — full analysis with a trial
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