Legal Opinion

Wallace v. State

District Court of Appeal of Florida

Decided May 24, 2006No. 4D04-4305PublishedCited by 2 opinions

1Opinion of the CourtStevenson, C.J.

Believing Michael Wallace had thrown a Molotov cocktail at a vehicle, the State charged him with attempted second degree arson and making, possessing, throwing, projecting, placing or discharging a destructive device. A jury found Wallace guilty as charged and, in an interrogatory verdict, determined Wallace had “possessed” and “discharged” a destructive device. The so-called 10-20-life statute provides for a ten-year mandatory minimum sentence in the event the defendant possesses a destructive device during the commission of the crime and a twenty-year mandatory minimum in the event the…

2Cases cited9 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. State v. OverfeltSupreme Court of Florida · 1984
  4. Tucker v. StateSupreme Court of Florida · 1999
  5. Bundrage v. StateDistrict Court of Appeal of Florida · 2002

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3Cited by2 opinions

  1. Grant v. StateDistrict Court of Appeal of Florida · 2014
  2. ISSAC WOODS v. StateDistrict Court of Appeal of Florida · 2021

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