THE STATE OF FLORIDA, APPELLANT,
v.
JULIAN LOPEZ, APPELLEE
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PER CURIAM.
Lopez pled guilty to an information which charged him with carrying a firearm in the course of a robbery. Nonetheless, the trial court’s five-year sentence did not include a provision that he serve a minimum mandatory three-year term without eligibility for parole or gain time, as is required under these circumstances by Section 775.087(2), Florida Statutes (1979). We agree with the state’s position1 that there is nothing to justify this omission. D’Alessandro v. Shearer, 360 So. 2d 774 (Fla.1978). Hence, the sentence is reversed in part and the cause remanded with directions to make the sentence imposed as to Count I of the information subject to the three-year mandatory requirement.2
Reversed and remanded.
. We have jurisdiction to consider its appeal as one from an illegal sentence under Fla.R.App.P. 9.140(c)(1)(I) and Sec. 924.07(5), Fla.Stat. (1979).
. The defendant need not be present for this amendment.
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Williams v. State, 517 So. 2d 681 (Fla. 1988)…offense is aggravated to the first-degree felony of armed burglary. Enhanced penalty crimes are still subject to the mandatory minimum sentence, however. See e.g., Maddox v. State, 461 So. 2d 176 (Fla. 1st DCA 1984) (armed robbery); State v. Lopez, 408 So. 2d 744 (Fla. 3d DCA 1982) (carrying a firearm in the course of a robbery). Reclassifica [*683] tion and mandatory minimum provisions operate independently of one another and are not alternative methods of enhancement. See State v. Smith, 470 So. 2d 764 (Fl…
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State v. Strazdins, 890 So. 2d 334 (Fla. 2d DCA 2004)…ence that is shorter than the required mandatory minimum sentence, “the sentence is not within the limits prescribed by law and is properly viewed as an ‘illegal’ sentence.” State v. R.F., 648 So. 2d 293, 294 n. 1 (Fla. 3d DCA 1995); State v. Lopez, 408 So. 2d 744 (Fla. 3d DCA 1982). The State preserved the error in this appeal. See § 924.051(1)(b), (3), Fla. Stat. (2003). The trial court had a nondiscretionary duty in this case to impose the three-year mandatory minimum sentence pursuant to section 893.135…
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State v. R.F., 648 So. 2d 293 (Fla. 3d DCA 1995)…tat. (1993). Where, as here, the trial court imposes a sentence which is shorter than a required mandatory minimum sentence, the sentence is not within the limits prescribed by law and is properly viewed as an "illegal" sentence. See State v. Lopez, 408 So. 2d 744 (Fla. 3d DCA 1982); see also State v. F.G., 630 So. 2d 581, 583 (Fla. 3d DCA 1993) (omission of mandatory penalty renders disposition illegal), opinion adopted, State v. F.G., 638 So. 2d 515 (Fla.1994); cf. D’Alessandro v. Shearer, 360 So. 2d 774, 7…
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- D'Alessandro v. Shearer, 360 So. 2d 774 (Fla. 1978)