Pryor v. State
2010 Fla. App. LEXIS 17922
Fla. Dist. Ct. App.2010Background
- Pryor was charged with first-degree murder with a firearm, possession of a firearm by a violent career criminal, possession of a firearm by a convicted felon, and five counts of tampering with evidence.
- The jury was instructed on the lesser included offenses of second-degree murder and manslaughter by act; the court gave a standard manslaughter by act instruction.
- The jury convicted Pryor of second-degree murder with a firearm and of the firearm-related offenses and tampering counts as charged.
- At sentencing, Pryor received life for second-degree murder with a firearm, 15 years (with a 3-year mandatory minimum) for the felon-in-possession count, five-year terms for tampering, and a life sentence for a violent career criminal.
- Pryor appealed, raising four issues including the manslaughter instruction error and double jeopardy, among others; the State conceded error on one issue, and the court reviewed others for fundamental error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Manslaughter by act instruction error | Pryor | State | Fundamental error; require reversal |
| Double jeopardy: dual convictions for firearm offenses | Pryor | State | Violations; vacate felon conviction |
| Tampering with evidence: sufficiency of knowledge argument | Pryor | State | No fundamental error; insufficient preservation |
| Mandatory life sentence for violent career criminal | Pryor | State | Proper under statute; scoresheet issue rejected |
Key Cases Cited
- State v. Montgomery, 39 So.3d 252 (Fla.2010) (standard manslaughter by act instruction error constitutes fundamental error)
- Kilmartin v. State, 848 So.2d 1222 (Fla.1st DCA 2003) (double jeopardy when lesser offense subsumed by greater offense)
- Williams v. State, 776 So.2d 358 (Fla.1st DCA 2001) (lesser included offense doctrine for firearms offenses)
- F.B. v. State, 852 So.2d 226 (Fla.2003) (totally insufficient evidence as fundamental error exception)
- Pope v. State, 884 So.2d 328 (Fla.2d DCA 2004) (interpretation of violent career criminal sentencing under specialty statutes)