Legal Question in Criminal Law in Florida

Florida Criminal Sentencing

If convicted of attempted second degree murder (with firearm) in 1997, is the mandatory minimum statute an automatic sentence from 775.087(2)(a) or up to the Judge's discretion?

Does shooting into an occupied building qualify as 775.087(m)? If it does, then I think the judge may not have checked the mandatory minimum so that the sentencing guidelines could be increased by the 18 firearm points (he was given an additional 18 points for shooting into an occupied building). He has served almost 11 years with no DR's within DOC and I am looking for anything to raise a 3.800 appeal for illegal sentence...does any of this sound like there is a chance of that?

Is there a post conviction attorney in Seminole County Florida that would be willing to look at this?


Asked on 7/10/08, 9:53 pm

1 Answer from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: Florida Criminal Sentencing

Yes I handle these types of cases all over Florida. If you are interested in retaining counsel please call me.

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Answered on 7/11/08, 7:29 am


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