# Brown v. State

> District Court of Appeal of Florida · September 1, 2010 · 126 So. 3d 265

URL: https://www.frixlaw.com/law-library/cases/4806566

## Case

- **Full name:** Bernard BROWN v. The STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** September 1, 2010
- **Citations:** 126 So. 3d 265; 2010 Fla. App. LEXIS 12729; 2010 WL 3418350
- **Precedential status:** Published
- **Opinion:** Concurrence by Cope
- **Judges:** Cope, Cortiñas, Schwartz
- **Cited by:** 0 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/4806566

## Opinion text

COPE, J.
(concurring).
The trial court reached the correct result, although the order contains an error. As a result of enhancement for the firearm, the offense of attempted first-degree murder with a firearm was a life felony, not a first-degree felony punishable by life. See § 775.087(l)(a), Fla. Stat. (1995). The judgment correctly classifies the offense. The sentence is legal. 1
. According to the jury instructions in this Court’s file in Brown v. State, 818 So.2d 652 (Fla. 3d DCA 2002), the charge in the defendant's case was attempted premeditated murder, not attempted first-degree felony murder.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4806566. Public record. Not legal advice.