MARVIN ROBERTSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARVIN ROBERTSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
519 So. 2d 1055
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The defendant appeals from his conviction for aggravated assault and carrying a concealed firearm.
We find no merit in the defendant’s first two contentions. We agree, however, as does the state, with his third contention that the trial court was not authorized to impose a three-year mandatory minimum sentence for carrying a concealed weapon pursuant to section 775.087(2), Florida Statutes (1985). There is no mention of a mandatory minimum sentence for carrying a concealed weapon. Sammons v. State, 481 So. 2d 1315 (Fla. 2d DCA), cause dismissed, 486 So. 2d 597 (Fla.1986). Accordingly, we strike that portion of the sentence and remand for resentencing.
AFFIRM IN PART, REVERSE IN PART.
HERSEY, C.J., and LETTS and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Grimsley v. State, 696 So. 2d 838 (Fla. 2d DCA 1997)…of which a minimum mandatory sentence must be imposed. Carrying a concealed firearm is not one of the crimes specified in this statute. Sammons v. State, 481 So. 2d 1315 (Fla. 2d DCA), cause dismissed, 486 So. 2d 597 (Fla.1986); Robertson v. State, 519 So. 2d 1055 (Fla. 4th DCA 1988); Previlon v. State, 500 So. 2d 716 (Fla. 4th DCA 1987). Therefore, the trial court erred by imposing the minimum mandatory sentence. Accordingly, we affirm the convictions and length of sentences. We remand with instructions to…
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Elpidio Perez-Herrera v. State, 569 So. 2d 937 (Fla. 3d DCA 1990)…86 So. 2d 597 (Fla.1986) (no three-year mandatory minimum sentence for carrying a concealed firearm while conspiring to traffic and trafficking in cannabis because defendant did not commit a crime listed in the statute); see also Robertson v. State, 519 So. 2d 1055 (Fla. 4th DCA 1988) (carrying a concealed weapon); Previlon v. State, 500 So. 2d 716 (Fla. 4th DCA 1987) (possession and display of a firearm); Davis v. State, 392 So. 2d 947 (Fla. 3d DCA 1980) (possession and display of a firearm). We reverse tha…
Authorities Cited
- Wen-Dic Constr. Co., Inc. v. Ingersoll-Rand Fin. Corp., 481 So. 2d 1315 (Fla. 2d DCA 1986)