CURTIS LEE MCRAE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CURTIS LEE MCRAE, APPELLANT,
STATE OF FLORIDA, APPELLEE
394 So. 2d 217
Florida District Court of Appeal, Fifth District (1981)
Opinion of the Court
ORFINGER, Judge.
The judgment of conviction for robbery with a firearm is affirmed. That portion of the sentence which imposed the mandatory minimum three year sentence pursuant to section 775.087(2), Florida Statutes (1979), is stricken because it is clear from the evidence that defendant had only vicarious, not actual possession of the firearm. Earnest v. State, 351 So. 2d 957 (Fla.1977); Zarro v. State, 390 So. 2d 811 (Fla. 5th DCA 1980), [1980 FLW 2268].
AFFIRMED as modified.
DAUKSCH, C. J., and COWART, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Earnest v. State, 351 So. 2d 957 (Fla. 1977)
- Zarro v. State, 390 So. 2d 811 (Fla. 5th DCA 1980)