Florida District Courts of Appeal, 1999

Baldwin v. State

Florida District Courts of Appeal · Decided September 30, 1999 · Patterson

753 So. 2d 573; 1999 WL 770675 (Southern Reporter, Second Series)

Cases that cite this one

13 later published cases cite this decision.

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Allwine v. State (Fla. Dist. Ct. App. 2010)
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Miami-Dade County v. Coral Bay Section C Homeowners Ass'n (Fla. Dist. Ct. App. 2008)
Gables Club v. Gables Condominium and Club (Fla. Dist. Ct. App. 2006)
Kirkland's Stores, Inc. v. Felicetty (Fla. Dist. Ct. App. 2006)
Gibson Trust, Inc. v. Office of the Atty. Gen. (Fla. Dist. Ct. App. 2004)
Lehner v. Durso (Fla. Dist. Ct. App. 2002)
Bank of America, N.A. v. Thompson (Fla. Dist. Ct. App. 2001)
INTEGRATED TRANS. SERV., INC. v. Bahama Sun-N-Fun Travel, Inc. (Fla. Dist. Ct. App. 2000)
George v. Radcliffe (Fla. Dist. Ct. App. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PATTERSON, Chief Judge.

Donald Baldwin appeals for the third time his judgment and sentence for second-degree murder with a firearm. See Baldwin v. State, 700 So.2d 95 (Fla. 2d DCA 1997); Baldwin v. State, 666 So.2d 240 (Fla. 2d DCA 1996). In this appeal following his second resentencing, Baldwin argues that the trial court erred in enhancing the charge from a first-degree felony to a life felony for the use of a firearm because the use of a firearm was an element of the offense. We affirm as to this issue because the error was waived by Baldwin’s failure to raise it in his first appeal. We find no merit in the remaining points in Baldwin’s initial brief.

In his supplemental brief, Baldwin argues that the trial court had no jurisdiction to enter an amended sentence several months after the judgment and sentence on appeal was rendered. The amended sentence added a three-year minimum mandatory sentence for the use of a firearm. We agree that the trial court lost jurisdiction when Baldwin filed his appeal. See Skaggs v. State, 620 So.2d 1304 (Fla. 2d DCA 1993). Accordingly, we strike the amended sentence entered on October 9, 1998, and reinstate the sentence of May 14,1998.

Affirmed in part; reversed in part. BLUE and GREEN, JJ., Concur.

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