Lemus v. State

Roberto Lemus was tried by jury and convicted of two counts of aggravated assault, with a firearm, on a law enforcement officer (counts I and II) and one count of discharging a firearm in public (count III). Relying upon the so-called “10/20/life” provision of the Florida Criminal Code, the judge sentenced Lemus to a twenty-year mandatory minimum term of incarceration for counts I and II and to time served for count III. In this appeal, Lemus asserts (1) that the trial court erred in denying his motion for judgment of acquittal in light of the evidence regarding his insanity at the time of…