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469 So. 2d 164

469 So.2d 164

10 Fla.L.Weekly 1177

Small v. State

District Court of Appeal of Florida · decided 1985-05-10

Relies on 457 So. 2d 1385 - State v. Overfelt · 428 So. 2d 337 - Small v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-05-10

How this case has been cited

Cited by 6 later decisions — most recently May 2005

6 state decisions

40198519902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CAMPBELL, Judge.

¶1Appellant seeks review of the trial court’s denial of his motion for post-conviction relief pursuant to rule 9.140(g), Florida Rules of Appellate Procedure (1985). We affirm.

¶2Only one issue presented by appellant has merit. Appellant claims that the sixty-year sentences imposed for the offenses of attempted second degree murder and attempted kidnapping were in excess of the amount authorized by law. See Small v. State, 428 So.2d 337 (Fla. 2d DCA 1983). On remand, the trial court was directed to correct each sentence to thirty years. The trial court complied as to the attempted kidnapping charge. On the attempted second degree murder conviction, the trial court amended the judgment to reflect the crime was committed with a firearm so as to uphold the sixty-year sentence under the enhancement provisions of sections 775.087 and 775.084, Florida Statutes (1981).

¶3According to State v. Overfelt, 457 So.2d 1385 (Fla.1984), the jury must make a specific finding as to whether the accused actually possessed a firearm during the commission of the crime.

¶4We have ordered the record to be supplemented to demonstrate whether there was a specific finding by the jury that the offense was committed with a firearm as required by Overfelt. We have received the supplement consisting of the certified copy of the jury verdict which makes a specific finding of the use of a firearm.

¶5We, therefore, affirm.

RYDER, C.J., and OTT, J., concur.
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