DEREK LEON WALTERS v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, First District.

DEREK LEON WALTERS, Appellant, v. STATE OF FLORIDA, Appellee.

CASE NO. 1D17-3209

Decided: October 31, 2017

Derek Leon Walters, pro se, Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

Appellant filed a rule 3.800(a) motion raising several arguments challenging the legality of his sentences for possession of a firearm by a convicted felon and aggravated assault with possession and discharge of a firearm. We affirm the trial court's conclusion that the sentences are legal, but write to note that the twenty-year sentence for the aggravated assault is legal because of the minimum-mandatory sentence provision of section 775.087(2)(a)2., Florida Statutes (2010). The offense is not subject to reclassification pursuant to section 775.087(1) because a firearm is an essential element of aggravated assault. See § 784.021(1)(a). See Patterson v. State, 693 So. 2d 74 (Fla. 1st DCA 1997).

AFFIRMED.

PER CURIAM.

LEWIS, KELSEY, and M.K. THOMAS, JJ., CONCUR.

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