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) fromthe 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
2Affirmed. See State v. Iseley, 944 So. 2d 227, 231 (Fla. 2006) (“Therequisite ‘clear jury finding’ was made in this case. This jury’s finding thatIseley was guilty of aggravated assault with a firearm as charged in theinformation is consistent with both the language of the information and theevidence adduced at trial. The information expressly charged that a firearmwas used during the commission of the aggravated assault. Our review ofthe record establishes that the only deadly weapon involved in this case wasthe firearm referenced in the information and that there was no dispute thatthe weapon met the definition of a firearm. Consequently, we conclude thatbecause the verdict form contained an express reference to the use of afirearm in the commission of the crime, the evidence supports that findingrequired by section 775.087, and the verdict of guilt of aggravated assaultwith a firearm constituted the clear jury finding necessary under ourprecedent.”).
Opinion text and original PDF from Florida Third District Court of Appeal · Source opinion