Hargrove v. State
Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JOHNNY HARGROVE, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D03-4627 Opinion filed July 1, 2005. Appeal from the Circuit Court for Pinellas County; Richard A. Luce, Judge. James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. ALTENBERND, Judge. Johnny Hargrove appeals a judgment for two counts of attempted firstdegree murder with a firearm and one count of shooting into a vehicle. The trial court sentenced Mr. Hargrove to two consecutive twenty-year terms of imprisonment, minimum mandatory, for the two counts of attempted murder pursuant to the 10-20-life statute, see ยง 775.087(2)(a), Fla. Stat. (2001), and to a concurrent term of fifteen years' imprisonment for shooting into a vehicle. We affirm the convictions without further comment. Mr. Hargrove argued that our opinion in Sousa v. State, 868 So. 2d 538 (Fla. 2d DCA 2003), prohibited the consecutive twenty-year minimum mandatory sentences. However, our opinion in Sousa has recently been reversed. See State v. Sousa, 30 Fla. L. Weekly S381 (Fla. May 26, 2005) (citing State v. Christian, 692 So. 2d 889 (Fla. 1997)). Here, as in Sousa, Mr. Hargrove was convicted of two counts of attempted first-degree murder with a firearm. The evidence presented established that Mr. Hargrove stepped in front of a car with two occupants Mr. Freeman, the driver, and Ms. Davis, the passenger. Mr. Hargrove took aim and shot at Mr. Freeman, and the bullet struck and injured Mr. Freeman. Thereafter, as Mr. Freeman attempted to drive away, Mr. Hargrove again took aim and shot at Ms. Davis, with the bullet hitting the passenger side door window. Pursuant to Sousa, 30 Fla. L. Weekly S381, and Christian, 692 So. 2d 889, this series of events permitted the imposition of consecutive sentences. We therefore affirm the judgment and sentences. Affirmed. CASANUEVA, J., and THREADGILL, EDWARD F., SENIOR JUDGE., Concur. -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
