TERRANCE JAMES DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Having considered the briefs and the record, we find no reversible error with regard to appellant’s conviction for robbery with a firearm. However, we vacate that portion of the sentence mandating a three-year minimum term and remand the cause for its deletion. The uncontroverted evidence was that appellant did not have actual possession of the gun used in the robbery. Vicarious possession of a firearm is not punishable under Section 775.087(2), Florida Statutes (1979). Earnest v. State, 351 So. 2d 957 (Fla.1977), Brown v. State, 358 So. 2d 93 (Fla. 4th DCA 1978). Appellant need not be present for the correction of his sentence.
ERVIN and SHAW, JJ., and WOODROW M. MELVIN (Ret.), Associate Judge, concur.
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Nation v. State, 668 So. 2d 284 (Fla. 1st DCA 1996)…e. Therefore, no new sentencing hearing is required, nor need the appellant be physically present in court for the merely clerical or ministerial function of entering a written order conforming to the oral pronouncement of the court. Davis v. State, 387 So. 2d 490 (Fla. 1st DCA 1980). AFFIRMING the conviction and sentence and REMANDING with instructions to enter a written sentencing order. LAWRENCE, J., concurs. ERVIN, J., specially concurs with written opinion.…
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Johnson v. State, 652 So. 2d 1294 (Fla. 1st DCA 1995)…e, and remand for resentencing on Johnson’s convictions for armed robbery and armed kidnapping, with directions that the three-year minimum mandatory sentences imposed therein be stricken. Johnson need not be present at resentencing. Davis v. State, 387 So. 2d 490 (Fla. 1st DCA 1980). JUDGMENT AFFIRMED; SENTENCE VACATED IN PART AND REMANDED FOR RESENTENCING WITH DIRECTIONS. BOOTH, JOANOS and LAWRENCE, JJ., concur.…
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Martin v. State, 680 So. 2d 454 (Fla. 1st DCA 1996)…d sentenced him to time served on a misdemeanor offense for which the sixty-day probationary term had expired. The judgment should also be corrected to so re- [*455] fleet. Appellant need not be present for correction of Ms sentence. Davis v. State, 387 So. 2d 490 (Fla. 1st DCA 1980). Judgment affirmed; sentence vacated in part and remanded for correction. BOOTH, JOANOS and BENTON, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Earnest v. State, 351 So. 2d 957 (Fla. 1977)
- Gory Associated Indus., Inc. v. Jupiter Roofing & Sheet Metal, Inc., 358 So. 2d 93 (Fla. 4th DCA 1978)