Luttrell v. State, 513 So. 2d 1298 (Fla. 2d DCA 1987). · Go Syfert
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Luttrell v. State, 513 So. 2d 1298 (Fla. 2d DCA 1987). Cases Citing This Book View Copy Cite
14 citation events (3 in the last 25 years) across 2 distinct courts.
Strongest positive: Chapman v. State (fladistctapp, 1992-04-24)
Top citers, strongest first. 1 distinct citer.
discussed Cited "see" Chapman v. State
Fla. Dist. Ct. App. · 1992 · signal: accord · confidence high
To allow a judge to find that an accused actually possessed a firearm when committing a felony in order to apply the enhancement or mandatory sentencing provisions of section 775.087 would be an invasion of the jury's historical function and could lead to a miscarriage of justice in cases such as this where the defendant was charged with but not convicted of a crime involving a firearm. 457 So.2d at 1387 ; accord Luttrell v. State, 513 So.2d 1298 (Fla. 2d DCA 1987) (citing Alejo v. State, 483 So.2d 117 (Fla.2d DCA 1986), for rule that sentence enhancement disallowed where jury's verdict neithe…
George Milton LUTTRELL, Appellant,
v.
STATE of Florida, Appellee.
86-2632.
District Court of Appeal of Florida, Second District.
Sep 16, 1987.
513 So. 2d 1298
Per Curiam.
Cited by 13 opinions  |  Published

[*1299] James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant challenges the trial court's denial of his motion for postconviction relief. We affirm.

Appellant first contends that his sentence for attempted second-degree murder is illegal in that it should not have been enhanced from a second-degree felony to a first-degree felony because the jury did not specifically find that he used a weapon in the commission of the offense. This point is without merit because the jury's verdict specifically referred to the information which charged appellant with attempted first-degree murder with a firearm. See Alejo v. State, 483 So.2d 117 (Fla. 2d DCA 1986) (defendant's sentence for second-degree murder could not be enhanced to life felony where jury's verdict neither referred to use of weapon nor mentioned information which charged defendant with use of knife on commission of offense). Accordingly, the trial court was correct in denying this part of appellant's motion.

Appellant next contends that the trial court erred in limiting the evidentiary hearing on his motion to only one of thirty-two allegations of ineffective assistance of counsel. We have examined the allegations and conclude that they are facially insufficient in that they do not fulfill the requirements of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and Knight v. State, 394 So.2d 997 (Fla. 1981). Accordingly, we affirm the trial court's summary denial of these allegations.

CAMPBELL, A.C.J., and FRANK, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.