Legal Opinion

Battle v. State

District Court of Appeal of Florida

Decided October 21, 2011No. 2D11-724PublishedCited by 2 opinions

1Opinion of the Court

WHATLEY, Judge.

In a motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a), Robert Battle, Jr., challenged the enhancement of his *312sentence to life for attempted felony murder with a firearm pursuant to section 775.087(2)(a)(3), Florida Statutes (1999). Battle argued that the State’s information insufficiently alleged that he possessed and discharged a firearm, thereby causing death or great bodily harm to another person. As a result, Battle contended, the information failed to put him on notice that he could receive an enhanced sentence under section…

2Cases cited4 opinions

  1. State v. McBrideSupreme Court of Florida · 2003
  2. Judge v. StateDistrict Court of Appeal of Florida · 1992
  3. Leath v. StateDistrict Court of Appeal of Florida · 2001
  4. Simon v. StateDistrict Court of Appeal of Florida · 2008

3Cited by2 opinions

  1. Hoffmann v.Secretary, Department of Corrections (Polk County)District Court, M.D. Florida · 2022
  2. MICHAEL LENARD REED v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019

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