McLeod v. State
2010 Fla. App. LEXIS 20130
| Fla. Dist. Ct. App. | 2010Background
- McLeod was charged with three counts of attempted first degree murder with a firearm, two counts of aggravated battery with a firearm, one count of shooting at/into an occupied vehicle, and one count of possession of more than 20 grams of cannabis.
- The jury convicted on the lesser included offense of attempted second degree murder with a firearm on counts 1–3 and convicted as charged on the other counts; verdicts on counts 4 and 5 were set aside for double jeopardy and not sentenced.
- The trial court adjudicated guilty on counts 1, 2, 3, 6, and 7, but did not sentence on counts 4 and 5; counts 4 and 5 were later resolved as merged with counts 1 and 2.
- McLeod was sentenced to life imprisonment with a mandatory minimum of 25 years on count 1 for attempted second degree murder with a firearm.
- The State appeals the handling of counts 4 and 5 and the legality of the sentence on count 1.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counts 4 and 5 were properly handled | McLeod contends the court erred by not adjudicating and sentencing on counts 4 and 5 and by improper merger. | McLeod argues the double jeopardy ruling was misapplied and the counts should have been adjudicated/sentenced or properly merged. | Counts 4 and 5 properly set aside and not sentenced; reversal not required on those points. |
| Whether the count 1 sentence exceeds the statutory maximum | The maximum for attempted second degree murder with a firearm is 30 years, not life with 25-year mandatory minimum. | The sentence is authorized under prior interpretations allowing life with mandatory minimum. | Count 1 sentence must be corrected; life sentence exceeds the 30-year maximum. |
Key Cases Cited
- Wooden v. State, 42 So. 3d 837 (Fla. 5th DCA 2010) (minimum 25 to life cannot exceed 30-year maximum for first-degree felony)
- Bolding v. State, 28 So. 3d 956 (Fla. 1st DCA 2010) (setting aside verdicts on double jeopardy grounds vacates those verdicts)
- Mendenhall v. State, 999 So. 2d 665 (Fla. 5th DCA 2008) (footnote discussed in wooden interpretation of mandatory minimums)