Johnson v. State
Johnson v. State
Opinion
ON CONCESSION OF ERROR
Phillip Kirk Johnson, Jr., appeals the denial of his motion to correct illegal sentence, 1 claiming that the thirty-year prison releasee reoffender 2 sentence imposed on his 2008 conviction for attempted robbery with a firearm exceeds the maximum penalty allowed by law on that charge. The State properly concedes error.
Robbery with a firearm is a first-degree felony, punishable by life. See § 812.13(1),(2)(a), Fla. Stat. (2008). An attempt to commit the crime is reclassified as a second-degree felony, which carries a maximum penalty of fifteen years in state prison. See § 777.04(4)(c), Fla. Stat. (2008) and § 775.082(3)(c), Fla. Stat. (2008); see also Johnson v. State, 17 So.3d 1290, 1291 (Fla. 2d DCA 2009) (“Robbery with a firearm is a first-degree felony, and the attempt to commit a first-degree felony is a second-degree felony.”). Because of Johnson’s designation as a prison re-leasee reoffender, the trial court must impose the maximum penalty of fifteen years. See § 775.082(9)(a)3.c., Fla. Stat. (2008).
Additionally, the information in this case alleged that Johnson actually possessed the firearm during commission of the crime for purposes of section 775.087(2)(a), Florida Statutes (2008), which requires imposition of a ten-year minimum mandatory sentence. Because the jury found that Johnson actually possessed a firearm while committing this offense, the ten-year mandatory minimum sentence must also be imposed. Id.; McDonald v. State, 957 So.2d 605, 610-12 (Fla. 2007).
Accordingly, we reverse the order denying Johnson’s motion and remand with instructions that Johnson be resentenced in accordance with this opinion.
REVERSED AND REMANDED WITH INSTRUCTIONS.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.