Valentino Bernard Lee v. Ricky D. Dixon, Secretary, Florida Department of Corrections
Whether the trial court erred in sentencing defendant to a mandatory 11 year sentence under the 10-20-Life statute for possession of a firearm when the state did not allege a firearm in connection with any of the charges, and in pleading defendant did not stipulate either to his possession of a firearm or to the applicability of § 775.087, and the weapon possessed did not qualify as a firearm for purposes of prosecution.
Whether the trial court's failure to investigate and reduce damages of the law that relate to the facts caused the verdict to be involuntarily entered void as a violation of due process.
Whether it is a fundamental error for trial to pass three verdicts for mandatory sentences for counts two and three of the information because trial court properly invoked Fla. Stat. 725.0816 when the sentencing factor basis for possession of a firearm the minimum mandatory would not be authorized by law and 775 years would be illegal imposed on the defendant if a person possess home ever had actual possession of the firearm.
Whether the state unlawfully charged agreement with the armed burglary which assault of battery as a single offense the charge consists of three separate offenses being tracked back in jeopardy for the same offense single criminal episode under USCS statute of a judgment entry paid 14189 Florida courts totional because those offenses were subsumed within the defendant's conviction of burglary with assault by battery with a firearm mentioning of sections 810.02 and 810.02(1)(b) Florida Statutes.
Whether the trial court erred in sentencing the defendant to a mandatory 10-year minimum sentence under Florida Statute § 775.087(2)(a)1 when the defendant did not actually possess a firearm, in violation of clearly established principles of law resulting in a miscarriage of justice