Full Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D21-2317 _____________________________ HERROD J. BEASLEY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Duval County. Tatiana Salvador, Judge. November 24, 2021 PER CURIAM. Herrod J. Beasley appeals the denial of his motion filed under Florida Rule of Criminal Procedure 3.800(a). A jury found Beasley guilty of attempted first-degree murder and specifically found that he discharged and possessed a firearm during the offense. The trial court sentenced him to forty-five years’ imprisonment, with a twenty-year minimum mandatory term under the 10-20-Life statute. This Court affirmed the judgment and sentence. Beasley v. State, 980 So. 2d 492 (Fla. 1st DCA 2008). In June 2021, Beasley filed his motion, asserting that, because the trial court imposed a twenty-year term under the 10-20-Life statute, it was not authorized to impose more than the forty-year maximum for first-degree felonies under section 775.082, Florida Statutes. Thus, his forty-five-year sentence was illegal. In July 2021, the lower court summarily denied the motion, reasoning that the trial court properly reclassified the offense to a life felony based on the jury finding Beasley possessed and discharged a firearm. As a result, the trial court was authorized to impose a term of years up to life. The lower court correctly denied relief. Beasley was convicted of attempted first-degree murder under sections 782.04(1), 777.04, and 775.087, Florida Statutes (2006). Section 782.04(1) classifies first-degree murder as a capital felony. Section 777.04(4)(b) states that if the offense attempted is a capital felony, then the offense of criminal attempt is a first-degree felony. Thus, Beasley’s offense was a first-degree felony before application of any firearm enhancements. Because he used a firearm during the commission of the offense, section 775.087(1)(a) reclassified the first-degree felony to a life felony. The trial court correctly classified the offense as a life felony. For this life felony, Beasley faced a possible punishment of “imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment.” See § 775.082(3)(a)3, Fla. Stat. (2006). Furthermore, because he discharged a firearm during the offense, section 775.087(2)(a)2 required a minimum term of twenty years’ imprisonment. The trial court sentenced Beasley to forty-five years’ imprisonment, with a twenty-year minimum mandatory term. The Florida Supreme Court explained that “if the trial court chooses to impose a sentence beyond the selected mandatory minimum sentence pursuant to the 10–20–Life statute, additional statutory authority is required.” Hatten v. State, 203 So. 3d 142, 146 (Fla. 2016). In the case at bar, that statutory authority was provided by section 775.082(3)(a)3, which permitted up to life imprisonment. Beasley’s sentence was not illegal. AFFIRMED. B.L. THOMAS, ROBERTS, and M.K. THOMAS, JJ., concur. 2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Herrod J. Beasley, pro se, Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee. 3