NEWBOLD v. STATE (2002)

District Court of Appeal of Florida,First District.

Oswald NEWBOLD, Appellant, v. STATE of Florida, Appellee.

No. 1D02-2309.

Decided: December 04, 2002

Appellant, pro se. Robert A. Butterworth, Attorney General, and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

The appellant challenges the trial court's order summarily denying his rule 3.800(a) motion, in which he alleged that his sentence exceeded the statutory maximum for the charged crime. The appellant alleges that he was convicted of attempted first-degree felony murder with an underlying offense of aggravated battery with a firearm. The essential elements of attempted felony murder include the elements of the actual underlying felony. Traylor v. State, 785 So.2d 1179 (Fla.2001). Therefore, if the use of a firearm was an essential element of the appellant's aggravated battery conviction, then it was an essential element of his attempted first-degree felony murder conviction. Because the trial court did not refute this claim with record attachments, the trial court's summary denial of the appellant's motion to correct his illegal sentence is reversed and remanded for record attachments that conclusively refute his claim, or for resentencing without the enhancement.

REVERSED and REMANDED.

PER CURIAM.

WEBSTER, DAVIS and VAN NORTWICK, JJ., CONCUR.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network