State v. Robert F. Woodall, III

The State of Florida timely appeals Robert Woodall’s resentencing for aggravated battery with a firearm pursuant to Florida Rule of Criminal Procedure 3.800(a), arguing that the lower court failed to reimpose Woodall’s twenty-year mandatory minimum sentence after it erroneously concluded that the jury did not make a clear finding that Woodall discharged a firearm during the offense. We agree. 1

Section 775.087(2)(a)2., Florida Statutes (2004), requires a twenty-year mandatory minimum sentence to be imposed if a person is convicted of a listed offense, including aggravated battery, and…