Brown v. State

Full title: Bernard Brown, Appellant, v. The State of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Sep 1, 2010

No. 3D10-1845 (Fla. Dist. Ct. App. Sep. 1, 2010)

Opinion

No. 3D10-1845.

Opinion filed September 1, 2010.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mary Barzee Flores, Judge, Lower Tribunal No. 95-16465.

Bernard Brown, in proper person.

Bill McCollum, Attorney General, for appellee.

Before COPE and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

Affirmed.

Not final until disposition of timely filed motion for rehearing.

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(1)(a), Fla. Stat. (1995). The judgment correctly classifies the offense. The sentence is legal.¹

1 According to the jury instructions in this Court's file inBrown v. State, No. 3D00-3246, the charge in the defendant's case was attempted premeditated murder, not attempted first-degree felony murder.