JESSIE WILLIS, A/K/A JAMES DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellant’s convictions and reject appellant’s contention that the state’s proof was insufficient to establish the use of a firearm, even though the state did not produce the alleged firearm at trial. See Watson v. State, 437 So. 2d 702 (Fla. 4th DCA 1983). We also reject appellant’s claim that the state was required to prove that the firearm was loaded. Bentley v. State, 477 So. 2d 1087 (Fla. 4th DCA 1985).
Although we believe the error to be harmless we agree, and the state concedes, that the trial court erred in noting on the judgment that appellant’s conviction on Count II for aggravated battery was a first degree felony. We also agree, as do both parties, that the trial court erred in requiring a three year mandatory minimum sentence on Count I, which did not involve the use of a firearm. We remand with directions that the judgment be amended to correctly reflect that Count II is a second degree felony, and to delete the mandatory minimum provisions from the sentence on Count I.
DOWNEY, ANSTEAD and DELL, JJ., concur.
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Mock v. State, 249 So. 3d 742 (Fla. 1st DCA 2018)…Goene v. State, 577 So. 2d 1306, 1309 (Fla. 1991). To support its position that the appellant did not have an expectation in the finality of his sentences based on a misrepresentation, the State cited to two cases. The first case is Unger v. State, 492 So. 2d 1168 (Fla. 4th DCA 1986). In Unger, the Fourth District Court of Appeal reviewed the original plea colloquy and found that the defendant did not deceive the trial court about her previous criminal history as alleged by the State, but merely answered her…
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Mock v. State (Fla. 1st DCA 2018)
Authorities Cited
- Watson v. State, 437 So. 2d 702 (Fla. 4th DCA 1983)
- Bentley v. State, 477 So. 2d 1087 (Fla. 4th DCA 1985)