Cridland v. State
Cridland v. State
Opinion of the Court
Following our decision in Cridland v. State, 499 So.2d 48 (Fla. 3d DCA 1986), the trial court resentenced the defendant within the sentencing guidelines to twenty-two years imprisonment with a minimum mandatory sentence of three years imprisonment for carrying a firearm. The defendant appeals his sentence as being unlawfully imposed. We affirm.
First, the defendant complains that the scoring of points to determine the 17-22 year sentencing guidelines range was in error. We disagree. It was per
Second, the defendant complains that it was unconstitutional to impose a three-year mandatory minimum sentence for carrying a firearm under Section 775.-087, Florida Statutes (1985), based on his conviction for second-degree murder with a firearm. We reject this contention because (a) the jury convicted the defendant of second-degree murder with a firearm based on ample evidence adduced at trial, and (b) a three-year mandatory minimum sentence may be constitutionally imposed under the above statute in these circumstances. See, e.g., Scott v. State, 369 So.2d 330 (Fla. 1979); Blanton v. State, 388 So.2d 1271 (Fla. 4th DCA 1980), rev. denied, 399 So.2d 1140 (Fla. 1981); Carter v. State, 464 So.2d 172 (Fla. 2d DCA); aff'd, 479 So.2d 117 (Fla. 1985).
The sentence under review below is, therefore, in all respects
Affirmed.
Reference
- Full Case Name
- George B. CRIDLAND v. The STATE of Florida
- Cited By
- 3 cases
- Status
- Published