# Brown v. State

> District Court of Appeal of Florida · October 28, 2011 · 83 So. 3d 777

URL: https://www.frixlaw.com/law-library/cases/2552132

## Case

- **Full name:** Jerrail T. BROWN, Appellant, v. STATE of Florida, Appellee
- **Court:** District Court of Appeal of Florida
- **Decided:** October 28, 2011
- **Citations:** 83 So. 3d 777; 2011 Fla. App. LEXIS 17201; 2011 WL 5109531
- **Precedential status:** Published
- **Opinion:** Opinion by Cohen
- **Judges:** Cohen, Griffin, Monaco
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/2552132

## How later opinions describe it (automated extraction)

- noting attempted voluntary manslaughter is not an enumerated offense subjecting defendant to minimum mandatory sentence under section 775.087(2), Florida Statutes

## Opinion text

COHEN, J.
Following a jury trial, Jerrail T. Brown was convicted of attempted voluntary manslaughter, aggravated battery, and aggravated assault. The sole issue he raises on appeal is the propriety of the mandatory minimum sentence imposed on the attempted voluntary manslaughter offense, pursuant to section 775.087(2), Florida Statutes (2007) (the “10-20-Life” statute). The State properly concedes error.
Murray v. State,
491 So.2d 1120, 1128 (Fla.1986);
Chambers v. State,
975 So.2d 444, 454 (Fla. 2d DCA 2007). Under section 775.087(2), attempted voluntary manslaughter is not an enumerated offense subjecting an offender to its mandatory minimum provisions. Accordingly, we affirm Brown’s convictions but reverse in part and remand with directions to strike the mandatory minimum sentence imposed on the attempted voluntary manslaughter offense, consistent with this opinion.
CONVICTIONS AFFIRMED; REVERSED in part; REMANDED.
GRIFFIN and MONACO, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/2552132. Public record. Not legal advice.