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Felton Sears v. State of Florida

Court
Florida Third District Court of Appeal
Decided
May 27, 2026
Docket No.
2026-0792

Judges: LOGUE; LINDSEY; GORDO

Disposition: affirmed

Opinion

Third District Court of Appeal

State of Florida

Opinion filed May 27, 2026. Not final until disposition of timely filed motion for rehearing.

No. 3D26-0792

Lower Tribunal No. F10-32949-A

Felton Sears, Appellant,

vs.

State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jason Bloch, Judge.

Felton Sears, in proper person.

James Uthmeier, Attorney General, and Lourdes B. Fernandez, Assistant Attorney General, for appellee.

Before LOGUE, LINDSEY, and GORDO, JJ.

PER CURIAM.

Original opinion page 2
Original opinion page 2
2 Affirmed. See State v. Iseley, 944 So. 2d 227, 231 (Fla. 2006) (“The requisite ‘clear jury finding’ was made in this case. This jury’s finding that Iseley was guilty of aggravated assault with a firearm as charged in the information is consistent with both the language of the information and the evidence adduced at trial. The information expressly charged that a firearm was used during the commission of the aggravated assault. Our review of the record establishes that the only deadly weapon involved in this case was the firearm referenced in the information and that there was no dispute that the weapon met the definition of a firearm. Consequently, we conclude that because the verdict form contained an express reference to the use of a firearm in the commission of the crime, the evidence supports that finding required by section 775.087, and the verdict of guilt of aggravated assault with a firearm constituted the clear jury finding necessary under our precedent.”).

Opinion text and original PDF from Florida Third District Court of Appeal · Source opinion

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