Kearney v. State

Samuel Kearney, III, (“Appellant”) appeals the postconviction court’s denial of his Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence. The State charged Appellant with second-degree murder with a firearm, and the jury returned a verdict of guilty for the lesser-included offense of aggravated battery with a firearm. The jury additionally found that Appellant actually possessed a firearm, discharged a firearm, and caused great bodily harm by discharging a firearm during his commission of the aggravated battery. The trial court reclassified Appellant’s sentence…