Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wright v. State

Florida Court of Appeals, First District

December 23, 2019

Josh Randall Wright, Appellant,
v.
State of Florida, Appellee.

         Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

          On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge.

          Andy Thomas, Public Defender, and Kevin Steiger, Assistant Public Defender, Tallahassee, for Appellant.

          Ashley Moody, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.

          PER CURIAM.

         Affirmed.

          Rowe and Winokur, JJ., concur; B.L. Thomas, J., concurring in result only with opinion.

          B.L. Thomas, J., concurring in result only.

         I concur in result. Although the State declined to make an argument that even if the ruling was error, the error was harmless, we are obligated to consider whether any ruling below was harmless. § 924.051(7), Fla. Stat. (2017); Goodwin v. State, 751 So.2d 537, 545 (Fla. 1999); Heuss v. State, 687 So.2d 823 (Fla. 1997). I conclude that if error occurred, it was harmless.

         Facts

         The Appellant was convicted of one count of attempted second-degree murder by discharging a firearm causing great bodily harm, one count of attempted second-degree murder by discharging a firearm, one count of possession of a firearm by a felon, and one count of shooting into an occupied vehicle. He was sentenced to a mandatory term of life in prison under the state's 10-20-Life statute for count one, a term of thirty years in prison for the second count of attempted murder, with both sentences including a mandatory prison term of thirty years under the Prison Releasee Reoffender Act, and mandatory prison terms of fifteen-years in prison for shooting into an occupied vehicle and possession of a firearm by a felon under the Prison Releasee Reoffender Act, as Appellant committed the crimes within three years of his release from a prior prison sentence for a violent felony.

         This case involved a drug transaction where Appellant provided twenty-dollars' worth of heroin at no charge to the two victims, a man and woman, and expected them, or at least the female victim, to spend time with Appellant and his girlfriend in exchange for the drugs. When the victims declined the invitation, the evidence proved that Appellant shot five times at the victims' vehicle in anger as it left Appellant's property. The male victim positively identified Appellant as the shooter and described the gun, and no evidence established that Appellant's girlfriend shot a firearm other than her anger at the victims because the female victim would not stay with Appellant.

         One of those bullets Appellant shot entered the female victim's skull, where it remains, causing a severe, near-fatal brain injury. The victim's mother testified that her daughter "will never be the same" and requires constant care. The force of the gunshot almost pushed the female victim out of the car.

         As Appellant was shooting into the victims' car, the male victim managed to drive away. The female victim did not remember anything after hearing Appellant's girlfriend say, "Do it Josh" to Appellant, and then hearing the male victim telling the female victim, "I can't believe he done that," while assuring her he had called an ambulance. This latter statement ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.