CECIL B. STACEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1982-11-17
No. AH-263
WIGGINTON, J., concurs., ERVIN, J., concurs in part and dissents in part.
421 So. 2d 824 Florida District Court of Appeal, First District (1982) Positive Treatment
Cited by 4 cases
Opinion of the Court
MILLS, Judge.

[*825] MILLS, Judge.

This appeal has been conducted pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

After reviewing the entire record, as well as a pro se brief, we find no error and affirm.

WIGGINTON, J., concurs.

ERVIN, J., concurs in part and dissents in part.

Concurrence
ERVIN, Judge,

ERVIN, Judge,

concurring and dissenting.

I concur in all aspects of the majority’s opinion except that portion affirming the sentence which enhanced appellant’s ninety-nine year sentence for armed robbery by imposing a three-year mandatory minimum sentence for possession of a firearm during the robbery’s commission. Appellant’s pro se brief clearly alleged that such enhancement was a violation of our rule in Skipper v. State, 400 So. 2d 797 (Fla. 1st DCA 1981), rev’d. on other grounds, 420 So. 2d 877 (Fla., 1982), as applied to armed robbery, involving as an essential element the use of a firearm. Accordingly, I would affirm the ninety-nine year sentence for the offense of robbery, but would strike the enhanced three-year mandatory minimum sentence.

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Cited By

  • State v. Stacey, 482 So. 2d 1350 (Fla. 1985)
    …n. Appellate counsel, apparently finding no grounds for reversal, filed a brief pursuant to Anders v. California, [*1351] 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The district court affirmed the conviction and sentence in Stacey v. State, 421 So. 2d 824 (Fla. 1st DCA 1982). Subsequently, respondent filed a pro se motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 alleging, among other things, that the trial court erred in retaining jurisdiction over the first one-third…
  • Stacey v. State, 461 So. 2d 1000 (Fla. 1st DCA 1984)
    …alleged ineffective assistance of trial counsel. The trial court found the allegation regarding retention of jurisdiction unreviewa-ble because (1) Stacey did not object to retention at sentencing, and (2) the issue was not raised on direct appeal. 421 So. 2d 824. The trial court found the allegations regarding ineffective assistance of counsel conclusively refuted by the record and, even if true, not legally sufficient to allege ineffective assistance of counsel. The motion alleges the crime for which Stac…

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