From Casetext: Smarter Legal Research

Gammage v. State

District Court of Appeal of Florida, Second District.
Sep 2, 2016
210 So. 3d 97 (Fla. Dist. Ct. App. 2016)

Opinion

No. 2D14–3898.

09-02-2016

Patrick Duncan GAMMAGE, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Brooke Elvington, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, for Appellee.


Howard L. Dimmig, II, Public Defender, and Brooke Elvington, Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, for Appellee.

ORDER ON MOTION TO ENFORCE MANDATE

PER CURIAM.

Patrick Gammage filed a motion to enforce mandate, claiming that the trial court did not comply with the directions in this court's opinion in Gammage v. State, 181 So.3d 1256 (Fla. 2d DCA 2015). He contends that the trial court did not enter judgments for and resentence him on the lesser included offenses of attempted tampering with jurors as first-degree misdemeanors as required by this court's opinion. We deny the motion to enforce mandate because this court remanded for entry of judgments for the lesser included offenses of attempted tampering and for resentencing and the trial court complied with our mandate. We clarify that the offense of attempted tampering with jurors is a third-degree felony. See § 777.04(4)(d), Fla. Stat. (2013) (providing that "if the offense attempted ... is a ... [f]elony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the offense of criminal attempt ... is a felony of the third degree"); § 921.0022(3)(d), Fla. Stat. (2013) (ranking the third-degree felony of tampering with jurors under section 918.12, Florida Statutes, as a level 4 offense).

MORRIS, KHOUZAM and BADALAMENTI, JJ., Concur.


Summaries of

Gammage v. State

District Court of Appeal of Florida, Second District.
Sep 2, 2016
210 So. 3d 97 (Fla. Dist. Ct. App. 2016)
Case details for

Gammage v. State

Case Details

Full title:Patrick Duncan GAMMAGE, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Sep 2, 2016

Citations

210 So. 3d 97 (Fla. Dist. Ct. App. 2016)