Pitts v. State

Appellant, Leonard Pitts, appeals his conviction and sentence for first degree murder with a firearm. We affirm appellant’s conviction, concluding that the un-preserved evidentiary issues do not rise to the level of fundamental error and do not demonstrate ineffective assistance of counsel on the face of the record. However, because the trial court misapprehended its sentencing discretion, we reverse and remand for resentencing.

At sentencing, the trial court initially stated that appellant would be sentenced to life in prison, with a mandatory minimum of 25 years under the 10/20/Life statute.…