Legal Opinion

Leonard v. State

District Court of Appeal of Florida

Decided December 31, 2009No. 5D09-2383Published

1Opinion of the CourtEvander, J.

Leonard has filed a petition, alleging that his appellate counsel was ineffective. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.141(c), and conclude that counsel should have challenged the imposition of an illegal minimum mandatory ten year sentence on Leonard’s conviction for aggravated assault with a firearm. 1

Leonard was convicted, after a jury trial, of attempted first degree murder with a firearm, shooting at, within, or into an occupied vehicle, and aggravated assault with a firearm. As to the aggravated assault count, the jury made a special finding that…

2Cases cited3 opinions

  1. Johnson v. WainwrightSupreme Court of Florida · 1986
  2. Figueroa-Montalvo v. StateDistrict Court of Appeal of Florida · 2009
  3. Leonard v. StateDistrict Court of Appeal of Florida · 2008

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