Legal Opinion

Figueroa-Montalvo v. State

District Court of Appeal of Florida

Decided April 3, 2009No. 5D08-3551PublishedCited by 4 opinions

1Opinion of the CourtLawson, J.

Bill Matthew Figueroa-Montalvo was convicted following a jury trial of burglary of a conveyance with an assault or battery, 1 which was reclassified to a life felony pursuant to section 775.087(1), Florida Statutes (2007), based upon the jury’s finding that Figueroa-Montalvo used a firearm to commit the felony. The jury also found that Figueroa-Montalvo actually possessed a firearm during the commission of the offense, which requires imposition of a minimum mandatory sentence pursuant to section 775.087(2)(a)l., Florida Statutes (2007). That subsection requires imposition of a ten-year…

2Cases cited4 opinions

  1. Holly v. AuldSupreme Court of Florida · 1984
  2. A. R. Douglass, Inc. v. McRainey, as Admrx.Supreme Court of Florida · 1931
  3. Murray v. StateSupreme Court of Florida · 1986
  4. Hines v. StateDistrict Court of Appeal of Florida · 2002

3Cited by4 opinions

  1. Latasia Webb v. StateDistrict Court of Appeal of Florida · 2015
  2. MICHAEL WALLACH v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  3. Walker v. StateDistrict Court of Appeal of Florida · 2013
  4. Leonard v. StateDistrict Court of Appeal of Florida · 2009

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