Johnson v. State

The defendant below appeals the circuit court’s summary denial of his motion for postconviction relief. We reverse only as to the defendant’s claim that on count two, attempted robbery with a deadly weapon, a second-degree felony, his sentence to life in prison with a twenty-five year mandatory minimum is illegal.

In denying the defendant’s claim, the circuit court stated that the imposition of the life sentence on the second-degree felony was the result of the mandatory sentencing of the 10-20-Life statute, section 775.087(2)(a)3., Florida Statutes (2003), because the defendant discharged a…