Legal Question in Criminal Law in Florida

My husband was charged with Robbery w/ a weapon per F.S 812.13 (2) (b) and 790.001 (13) he has been in prison 18 years during the trial the only weapon talked about was a firearm that was never located and defendant said he never saw just felt. How can he be charged with robbery with weapon when a firearm can not be classified as a weapon per Florida law. And jury never stated on verdict form what weapon was used. Nor was there a special verdict form. No clear finding at all. What can he do to get a resentencing hearing. Because this is not correct


Asked on 12/13/17, 11:02 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

I don't specialize in appeals but I would speculate that if he has exhausted all of his appeals then it is probably too late to do anything about it at this point. I would call an appellate attorney to see if there is anything that can be done.

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Answered on 12/13/17, 1:05 pm


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