DAVID MICHAEL TAYLOR A/K/A MICHAEL DAVID TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-03-15
Nos. 84-1440, 84-1653
RYDER, C.J., and SCHOONOVER, J. concur.
467 So. 2d 367 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 3 cases
Topics
Vicarious Possession Possession Of A Firearm Mandatory Minimum Sentence

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Opinion of the Court
DANAHY, Judge.

DANAHY, Judge.

The defendant appeals his judgments and sentences for a number of crimes, entered on pleas of nolo contendere.

We find only one issue raised by the defendant to have merit. The defendant says that the trial judge erred in imposing a three-year minimum mandatory sentence in case no. 83-1736CF-A-01 since the information in that case shows that the defendant’s co-perpetrator possessed a firearm, rather than the defendant, during the commission of the robbery. In Hillman v. State, 410 So. 2d 180 (Fla. 2d DCA 1982), this court held that the possession of a firearm essential to applicability of section 775.087, Florida Statutes (1983), providing for minimum confinement, must be direct. Vicarious possession (such as by a cohort), while sufficient to sustain conviction, is not sufficient “possession” to justify imposition of the minimum period of imprisonment under the statute.

Accordingly, we reverse the sentence imposed upon the defendant in case no. 83-1736CF-A-01 with directions that the imposition of the three-year minimum mandatory imprisonment in that case be stricken. In all other respects, the defendant’s convictions and sentences are affirmed.

RYDER, C.J., and SCHOONOVER, J. concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Zachery Hicks v. State, 583 So. 2d 1106 (Fla. 2d DCA 1991)
  • Manning v. State, 557 So. 2d 240 (Fla. 1st DCA 1990)
    …with three of them to run consecutively. On appeal, appellant argues it was error to sentence him to the mandatory minimum terms where there was no evidence he ever actually possessed a firearm during the commission of the burglary. Taylor v. State, 467 So. 2d 367 (Fla. 2nd DCA 1985); Lester v. State, 458 So. 2d 1194 (Fla. 1st DCA 1984). Appellee concedes the trial court erred in imposing the three year mandatory minimum sentences. Pursuant to Rule 9.315(b), Florida Rules of Appellate Procedure, we vacate t…

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