02-17-2014, 12:00 AM
MINIMUM SENTENCING
The legal analysts in the media have been all over the map in regards to the possible sentencing for Dunn.
I saw some saying Dunn could get up to 60 years. Others noted that he faced a minimum of 60 years. Yet others said a maximum or minimum of 75 years. And, a few said at least 20 years if concurrent sentences were handed down by the judge.
Finally, I went directly to Florida's 10/20/Life statute - 775.087...
Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1. (includes attempted murder of any degree), regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.
If I'm interpreting it correctly, looks to me like 60 years is the minimum, unless prosecutors specifically request concurrent rather than consecutive sentences for the 3 second-degree attempted murder convictions (I think the 15 years for firing a missile can be sentenced concurrently if the judge is so inclined).
The only reason I could see the prosecutors recommending concurrent sentencing for the separate felony convictions and the judge granting the request is if Corey and team offered that to Dunn in exchange for a guilty plea to second degree murder of Jordan Davis, or something to that effect.
If Dunn is retried and found guilty of murder, this part of the statute would apply:
Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1. (includes murder of any degree), regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.
The statute in full: http://www.flsenate.gov/laws/statutes/2012/775.087
The legal analysts in the media have been all over the map in regards to the possible sentencing for Dunn.
I saw some saying Dunn could get up to 60 years. Others noted that he faced a minimum of 60 years. Yet others said a maximum or minimum of 75 years. And, a few said at least 20 years if concurrent sentences were handed down by the judge.
Finally, I went directly to Florida's 10/20/Life statute - 775.087...
Any person who is convicted of a felony or an attempt to commit a felony listed in sub-subparagraphs (a)1. (includes attempted murder of any degree), regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a minimum term of imprisonment of 20 years.
The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense.
If I'm interpreting it correctly, looks to me like 60 years is the minimum, unless prosecutors specifically request concurrent rather than consecutive sentences for the 3 second-degree attempted murder convictions (I think the 15 years for firing a missile can be sentenced concurrently if the judge is so inclined).
The only reason I could see the prosecutors recommending concurrent sentencing for the separate felony convictions and the judge granting the request is if Corey and team offered that to Dunn in exchange for a guilty plea to second degree murder of Jordan Davis, or something to that effect.
If Dunn is retried and found guilty of murder, this part of the statute would apply:
Any person who is convicted of a felony or an attempt to commit a felony listed in subparagraph (a)1. (includes murder of any degree), regardless of whether the use of a weapon is an element of the felony, and during the course of the commission of the felony such person discharged a semiautomatic firearm and its high-capacity box magazine or a “machine gun” as defined in s. 790.001 and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the convicted person shall be sentenced to a minimum term of imprisonment of not less than 25 years and not more than a term of imprisonment of life in prison.
The statute in full: http://www.flsenate.gov/laws/statutes/2012/775.087