SHOULDERS v. STATE (2020)

ON CONCESSION OF ERROR

Rodgerick Angelo Shoulders, Jr. was convicted of second-degree murder with a firearm, attempted felony murder with a firearm and two counts of robbery with a firearm. The jury made special verdict findings that Shoulders carried, used and discharged a firearm causing the death of one person, and great bodily harm to another. The trial court sentenced Shoulders to life in prison with a twenty-five-year minimum mandatory sentence for second-degree murder, a consecutive life sentence with a twenty-five-year minimum mandatory sentence for attempted felony murder, and concurrent thirty-year sentences with twenty-five-year minimum mandatory sentences for the robberies.¹

On appeal, Shoulders argues that there is no evidence to support the jury's finding that he discharged a firearm during the commission of his offenses. The State properly and commendably concedes error. The crimes occurred when Shoulders and an unidentified co-defendant attempted to steal marijuana and other items. While the evidence supports a finding that Shoulders possessed a firearm, no evidence exists to support a finding that Shoulders personally discharged a firearm during the commission of the crimes. Consequently, the trial court erred by imposing the twenty-five-year minimum mandatory sentences mandated by section 775.087(2)(a)3., Florida Statutes (2017). Instead, as Shoulders asserts, the trial court should have imposed the ten-year minimum mandatory sentences for possession of a firearm pursuant to section 775.087(2)(a)1.

On remand, the trial court shall correct the sentencing documents to reflect the ten-year minimum mandatory sentence. Resentencing is not necessary.

REMANDED FOR CORRECTION OF SENTENCING DOCUMENTS.

FOOTNOTES

1.   This Court affirmed Shoulders's convictions and sentences without opinion. Shoulders v. State, 249 So. 3d 644 (Fla. 5th DCA 2018). Shoulders then filed a petition alleging ineffective assistance of appellate counsel, which we granted in part. Shoulders v. State, 276 So. 3d 94 (Fla. 5th DCA 2019). We ordered a new appeal regarding the weight of the evidence that Shoulders discharged a firearm during the criminal episode. Id. at 97, 98.

PER CURIAM.

ORFINGER, EDWARDS and HARRIS, JJ., concur.