CITRUS MACHINERY COMPANY, INC., APPELLANT,

v.

SIX L'S PACKING COMPANY, INC., APPELLEE

Citator

Cited By

• Coleman v. State, 496 So. 2d 896 (Fla. 2d DCA 1986)
  …ory sentence pursuant to section 775.-087(2), Florida Statutes (1985). To impose the possession of a firearm minimum mandatory sentence, the offense for which appellant was sentenced must be among the listed statutory offenses. See Simmons v. State, 457 So. 2d 534 (Fla. 2d DCA 1984). Shooting into or within a building is not one of the offenses enumerated under section 775.087(2). It may be, however, that this was a scrivener’s error because at sentencing the court pointed out that in this instance the aggrav…
• Donnie Anderson v. State, 690 So. 2d 749 (Fla. 5th DCA 1997)
  …n of a firearm by a convicted felon. The convicted felon firearm offense is not one of the enumerated felonies in the statute which requires a minimum mandatory term for possession of a firearm. See § 775.087(2), Fla. Stat. (1995); Simmons v. State, 457 So. 2d 534 (Fla. 2d DCA 1984). In all other respects, the judgment and sentences in this appeal are affirmed. MINIMUM MANDATORY TERM STRICKEN; AFFIRMED AS MODIFIED. DAUKSCH, W. SHARP and THOMPSON, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.…
• Grable v. State, 37 So. 3d 989 (Fla. 2d DCA 2010)
  …tence provision in section 775.087(2)(a)(l) does not apply to a conviction under section 790.19. See Bradford v. State, 722 So. 2d 858, 860 (Fla. 1st DCA 1998); Samuels v. State, 681 So. 2d 915, 915-16 (Fla. 4th DCA 1996); see also Simmons v. State, 457 So. 2d 534, 535 (Fla. 2d DCA 1984). We also note that the sentence of twenty years’ imprisonment for shooting into a building is illegal because the offense is a second-degree felony punishable by a term of imprisonment not exceeding fifteen years. See §§ 790.…

Authorities Cited

• Ryder Sys., Inc. v. O'Connor, 369 So. 2d 980 (Fla. 4th DCA 1979)