Summary
The Florida Fourth District Court of Appeal affirmed Sharmarkco Dontrayvious Evans's conviction for possession of a firearm by a convicted felon and rejected challenges concerning evidentiary sufficiency, constitutional validity, and jury size. The court reversed the three-year mandatory minimum sentence and $50 investigative cost because the jury did not expressly find actual possession and the State had not requested the investigative costs.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to sustain Evans's conviction and whether the trial court properly denied his motion for judgment of acquittal.
- Whether the trial court's colloquy regarding Evans's stipulation to prior convicted-felon status was sufficient.
- Whether section 790.23(1), Florida Statutes (2022), is facially constitutional under the Florida Constitution.
- Whether section 790.23(1), Florida Statutes (2022), is facially constitutional under the United States Constitution.
- Whether the size of the jury was proper.
- Whether the trial court improperly imposed a three-year mandatory minimum sentence under section 775.087(2)(a)1., Florida Statutes (2022), without an express jury finding of actual possession.
- Whether the trial court improperly imposed a $50 investigative cost without a request by the State.
Holdings
- The evidence was sufficient for a jury to find beyond a reasonable doubt that the shooter, the biker, and the person interviewed by the sergeant were the same person and that the person was Evans; therefore, the trial court properly denied the motion for judgment of acquittal.
- Section 790.23(1), Florida Statutes (2022), is facially constitutional under the Florida Constitution.
- Section 790.23(1), Florida Statutes (2022), is facially constitutional under the United States Constitution.
- The trial court did not err regarding the size of the jury.
- A three-year mandatory minimum sentence for possession of a firearm by a convicted felon may be imposed only when the jury makes an express finding of actual possession. Because the jury's special interrogatory did not distinguish actual from constructive possession, the mandatory minimum had to be stricken.
- A trial court may not impose investigative costs when the record does not show that the State requested reimbursement; such costs must be stricken and cannot be imposed on remand.
Key quotations
“The evidence was sufficient for a jury to find that the shooter, the biker, and the interviewee were the same person and that Appellant was that person.” (4)
“As we have repeatedly explained, in order for the three-year mandatory minimum sentence under Florida Statutes section 775.087(2)(a)1. to be imposed for possession of a firearm by a convicted felon, the jury must make an express finding of actual possession.” (4–5)
“Trial courts cannot impose investigative costs ‘where the record does not demonstrate that the State requested reimbursements for these costs.’” (5)
Factual background
After a detective heard gunshots, he encountered a man on a white bicycle wearing a gray hooded sweatshirt who reported that his homeboy had been shot. Surveillance footage showed a man on a white bicycle firing what appeared to be a gun at a fleeing vehicle, and evidence concerning the bicycle, clothing, interview, and bullet casing linked the shooter to Evans. Evans has a twin brother, creating some confusion in the identification testimony, but the detective and sergeant ultimately identified Evans as the biker and interviewee. The jury found Evans guilty of possession of a firearm or ammunition by a convicted felon.
Procedural history
The Circuit Court for the Nineteenth Judicial Circuit in St. Lucie County denied Evans's motion for judgment of acquittal and the jury convicted him of possession of a firearm or ammunition by a convicted felon. The trial court imposed an eight-year prison sentence with a three-year mandatory minimum and a $50 investigative cost. Evans challenged the sentencing errors through a Florida Rule of Criminal Procedure 3.800(b)(2) motion; the motion was deemed denied when the trial court did not rule within sixty days. The Fourth District affirmed the conviction and issues I through V, but reversed the mandatory minimum and investigative cost and remanded with instructions to strike them.
Remand instructions
Strike the three-year mandatory minimum sentence and the $50 investigative cost from Evans's sentence.