STOUTE v. STATE

No. 4D04-2936.

915 So.2d 1245 (2005)

Devon P. STOUTE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 21, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The defendant appeals his thirty-year sentence with a ten-year minimum mandatory for conviction of attempted second degree murder with a firearm. He suggests the court erred in enhancing his sentence based upon the firearm because the court's instructions to the jury made possession of a firearm an element of the crime. We disagree and affirm.

The State charged the defendant with attempted first degree murder, a first degree felony. The trial court...

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