Bienaime v. State

The defendant appeals from his convictions on Count 1, first degree murder with a firearm, and Count 2, burglary of an occupied dwelling while armed with a firearm. The defendant also appeals from his sentence on Count 2, a mandatory minimum twenty-five years in prison under section 775.087(2)(a), Florida Statutes (2013) (known as the 10-20-Life statute), on the ground that the indictment’s Count 2 failed to allege the defendant discharged a firearm causing death or great bodily harm.

We affirm without further discussion the defendant’s convictions on both counts. However, on the defendant’s…