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Florida District Courts of Appeal, 2010

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided September 1, 2010 · Cope, Cortiñas, Schwartz
126 So. 3d 265; 2010 WL 3418350; 2010 Fla. App. LEXIS 12729 (Southern Reporter, Third Series)

Brown v. State

Opinion of the Court

PER CURIAM.

Affirmed.

Concurring Opinion

COPE, J.

(concurring).

The trial court reached the correct result, although the order contains an error. As a result of enhancement for the firearm, the offense of attempted first-degree murder with a firearm was a life felony, not a first-degree felony punishable by life. See § 775.087(l)(a), Fla. Stat. (1995). The judgment correctly classifies the offense. The sentence is legal.1

. According to the jury instructions in this Court’s file in Brown v. State, 818 So.2d 652 (Fla. 3d DCA 2002), the charge in the defendant's case was attempted premeditated murder, not attempted first-degree felony murder.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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