Notes of Decisions
Cited in
1,710
cases (
98 in the last 5 years), 1976–2026 · leading case:
Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015).
Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015).
· cites it 329× “See § 775.087. Because the defect was not the omission of an essential element of the crime, 3 The elements of second degree murder are: (1) the victim is dead; (2) the death was caused by the criminal act of the defendant; and (3) there was an unlawful killing of the victim “by…”
Ronald Williams v. State of Florida, 186 So. 3d 989 (Fla. 2016).
· cites it 71× “Paragraph (2)(a) sets forth the mandatory minimum terms of imprisonment a trial court must impose when a -5- defendant possesses or uses a firearm during the commission of a qualifying felony.”
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
· cites it 178× “087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013).
· cites it 39× “The first is whether the trial court correctly imposed consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statute, when Ap *524 pellant’s crimes were all committed during a single episode.”
Leronnie Lee Walton v. State of Florida, 208 So. 3d 60 (Fla. 2016).
· cites it 21× “The majority says that one of the errors identified by Walton was the trial court’s conclusion “that section 775.087, Florida Statutes—the 10-20-Life statute— required Walton’s sentences to be imposed consecutively.”
Adam Lloyd Shepard v. State of Florida, 259 So. 3d 701 (Fla. 2018).
· cites it 39× “This Court then determined that “the obvious legislative intent reflected by section 775.087 is to provide harsher punishment for, and hopefully deter, those persons who use instruments commonly recognized as having the purpose to inflict death and serious bodily injury upon…”
Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017).
· cites it 23× “§ 775.087(2), Fla. Stat. (2012). Nonetheless, he or she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.”
State v. Sousa, 903 So. 2d 923 (Fla. 2005).
· cites it 23× “The consecutive sentences totaled 105 years of imprisonment, with a mandatory minimum sentence of fifty-three years pursuant to the enhancement provisions of section 775.087, Florida Statutes (1999), the "10-20-life" statute.”
Ivory Lee Robinson v. State of Florida, 215 So. 3d 1262 (Fla. 1st DCA 2017).
· cites it 22× “The Amended Information also charged section 775.087, Florida Statutes, the sentencing enhancement provision, also known as the “10-20-Life” law.”
Mesa v. State, 632 So. 2d 1094 (Fla. 3d DCA 1994).
· cites it 38× “is an essential element of the crime charged under the above statutes, we conclude that (1) the defendant waived this defect in the information by failing to file a motion to dismiss the information based on such omission, and (2) the above judgment of conviction and sentence…”
McDonald v. State, 957 So. 2d 605 (Fla. 2007).
· cites it 16× “§ 775.087, Fla. Stat. (2000). McDonald was convicted after jury trial of five felony counts: carjacking with a firearm, two counts of robbery with a firearm, aggravated fleeing and eluding, and grand theft auto.”
Cortez Hatten v. State of Florida, 203 So. 3d 142 (Fla. 2016).
· cites it 14× “And “[t]he mandatory minimum sentences differ depending on whether the defendant possessed the firearm, discharged the firearm, or discharged the firearm and inflicted death or great bodily harm.”
— 775.087(1) — 357 cases
Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015).
“See § 775.087. Because the defect was not the omission of an essential element of the crime, 3 The elements of second degree murder are: (1) the victim is dead; (2) the death was caused by the criminal act of the defendant; and (3) there was an unlawful killing of the victim “by…”
Adam Lloyd Shepard v. State of Florida, 259 So. 3d 701 (Fla. 2018).
“This Court then determined that “the obvious legislative intent reflected by section 775.087 is to provide harsher punishment for, and hopefully deter, those persons who use instruments commonly recognized as having the purpose to inflict death and serious bodily injury upon…”
— 775.087(1)(2) — 1 case
— 775.087(1)(a) — 99 cases
— 775.087(1)(b) — 66 cases
Mesa v. State, 632 So. 2d 1094 (Fla. 3d DCA 1994).
“is an essential element of the crime charged under the above statutes, we conclude that (1) the defendant waived this defect in the information by failing to file a motion to dismiss the information based on such omission, and (2) the above judgment of conviction and sentence…”
— 775.087(1)(c) — 13 cases
— 775.087(1)(d) — 1 case
— 775.087(2) — 613 cases
Ronald Williams v. State of Florida, 186 So. 3d 989 (Fla. 2016).
“Paragraph (2)(a) sets forth the mandatory minimum terms of imprisonment a trial court must impose when a -5- defendant possesses or uses a firearm during the commission of a qualifying felony.”
Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017).
“§ 775.087(2), Fla. Stat. (2012). Nonetheless, he or she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.”
Leronnie Lee Walton v. State of Florida, 208 So. 3d 60 (Fla. 2016).
“The majority says that one of the errors identified by Walton was the trial court’s conclusion “that section 775.087, Florida Statutes—the 10-20-Life statute— required Walton’s sentences to be imposed consecutively.”
— 775.087(2)(1997) — 1 case
— 775.087(2)(a) — 337 cases
Ronald Williams v. State of Florida, 186 So. 3d 989 (Fla. 2016).
“Paragraph (2)(a) sets forth the mandatory minimum terms of imprisonment a trial court must impose when a -5- defendant possesses or uses a firearm during the commission of a qualifying felony.”
Connolly, Jr. v. State, 172 So. 3d 893 (Fla. 3d DCA 2015).
“See § 775.087. Because the defect was not the omission of an essential element of the crime, 3 The elements of second degree murder are: (1) the victim is dead; (2) the death was caused by the criminal act of the defendant; and (3) there was an unlawful killing of the victim “by…”
Mesa v. State, 632 So. 2d 1094 (Fla. 3d DCA 1994).
“is an essential element of the crime charged under the above statutes, we conclude that (1) the defendant waived this defect in the information by failing to file a motion to dismiss the information based on such omission, and (2) the above judgment of conviction and sentence…”
— 775.087(2)(a)(1) — 38 cases
— 775.087(2)(a)(1)(a) — 2 cases
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(a)(1)(f) — 9 cases
— 775.087(2)(a)(1)(g) — 4 cases
— 775.087(2)(a)(1)(p) — 1 case
— 775.087(2)(a)(1)(q) — 2 cases
— 775.087(2)(a)(1)(r) — 1 case
— 775.087(2)(a)(2) — 23 cases
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(a)(3) — 52 cases
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
Cortez Hatten v. State of Florida, 203 So. 3d 142 (Fla. 2016).
“And “[t]he mandatory minimum sentences differ depending on whether the defendant possessed the firearm, discharged the firearm, or discharged the firearm and inflicted death or great bodily harm.”
— 775.087(2)(a)(8) — 1 case
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(a)(i) — 1 case
— 775.087(2)(a)(l) — 19 cases
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
Darriue Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017).
“§ 775.087(2), Fla. Stat. (2012). Nonetheless, he or she would still be entitled to a twenty-year statutory review of his or her sentence under section 921.”
— 775.087(2)(a)(l)(a) — 2 cases
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(a)(l)(f) — 2 cases
— 775.087(2)(a)(l)(q) — 1 case
— 775.087(2)(a)(l)(r) — 2 cases
— 775.087(2)(b) — 26 cases
Cortez Hatten v. State of Florida, 203 So. 3d 142 (Fla. 2016).
“And “[t]he mandatory minimum sentences differ depending on whether the defendant possessed the firearm, discharged the firearm, or discharged the firearm and inflicted death or great bodily harm.”
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(c) — 20 cases
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
McDonald v. State, 957 So. 2d 605 (Fla. 2007).
“§ 775.087, Fla. Stat. (2000). McDonald was convicted after jury trial of five felony counts: carjacking with a firearm, two counts of robbery with a firearm, aggravated fleeing and eluding, and grand theft auto.”
— 775.087(2)(d) — 93 cases
Ronald Williams v. State of Florida, 186 So. 3d 989 (Fla. 2016).
“Paragraph (2)(a) sets forth the mandatory minimum terms of imprisonment a trial court must impose when a -5- defendant possesses or uses a firearm during the commission of a qualifying felony.”
Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013).
“The first is whether the trial court correctly imposed consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statute, when Ap *524 pellant’s crimes were all committed during a single episode.”
State v. Sousa, 903 So. 2d 923 (Fla. 2005).
“The consecutive sentences totaled 105 years of imprisonment, with a mandatory minimum sentence of fifty-three years pursuant to the enhancement provisions of section 775.087, Florida Statutes (1999), the "10-20-life" statute.”
— 775.087(2)(e) — 3 cases
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(2)(f) — 1 case
— 775.087(2)(g) — 1 case
— 775.087(2)(l)(r) — 1 case
— 775.087(3) — 12 cases
— 775.087(3)(a) — 2 cases
— 775.087(3)(a)(2) — 1 case
— 775.087(3)(a)(3) — 2 cases
— 775.087(3)(b) — 2 cases
— 775.087(4) — 15 cases
— 775.087(4)(a) — 1 case
— 775.087(5) — 3 cases
— 775.087(6) — 2 cases
— 775.087(a)(1) — 1 case
— 775.087(b) — 1 case
— 775.087(c) — 1 case
— 775.087(l)(a) — 51 cases
Mendenhall v. State, 48 So. 3d 740 (Fla. 2010).
“087(2)(a)(3), which provides that defendants who discharge a firearm during the commission of certain enumerated crimes, including murder and attempted murder, and inflict death or great bodily harm as the result of the discharge shall be sentenced to a "minimum term of…”
— 775.087(l)(b) — 40 cases
Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013).
“The first is whether the trial court correctly imposed consecutive mandatory minimum sentences under section 775.087, Florida Statutes, the 10-20-Life statute, when Ap *524 pellant’s crimes were all committed during a single episode.”
Cortez Hatten v. State of Florida, 203 So. 3d 142 (Fla. 2016).
“And “[t]he mandatory minimum sentences differ depending on whether the defendant possessed the firearm, discharged the firearm, or discharged the firearm and inflicted death or great bodily harm.”
— 775.087(l)(c) — 4 cases
— 775.087(l)(d) — 1 case
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