BILLY WILLIAMS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Williams v. State, 517 So. 2d 681 (Fla. 1988)
  …BARKETT, Justice. We have for review Williams v. State, 502 So. 2d 1307 (Fla. 3d DCA 1987), based on express and direct conflict with State v. Pilcher, 443 So. 2d 366 (Fla. 5th DCA 1983). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The issue presented is whether the three-year mandatory minimum required by section 775.087(2), Florida Statutes (1985),1 applies to a burglary conviction if the defend [*682…
• State v. Jones, 536 So. 2d 1161 (Fla. 5th DCA 1988)
  …rifles and one handgun in the home, and that defendant took physical possession of the handgun and one rifle and carried them out of the home. In rejecting the imposition of the mandatory minimum sentence the trial court relied on State v. Pilcher, 443 So. 2d 366 (Fla.5th DCA 1983) which held that the mandatory minimum sentence could not be imposed when the burglar was not armed when he entered the structure. However, since the sentence was imposed here, Pilcher has been expressly overruled by Williams v. St…
• State v. Brown, 496 So. 2d 194 (Fla. 3d DCA 1986)
  …urglar who steals gun from premises is guilty of armed burglary, defined in section 810.02(2)(b) as occurring if offender “is armed or arms himself within ... structure”), pet. for review denied, 408 So. 2d 1094 (Fla.1981); compare State v. Pilcher, 443 So. 2d 366 (Fla. 5th DCA 1983) (burglar who steals firearm did not have “gun in his possession when burglary was committed” under section 775.087(2)). For this reason, the order is reversed with directions to reinstate the charge of armed robbery contained in…

Authorities Cited

• State v. Carpenter, 417 So. 2d 986 (Fla. 1982)