ADAM DUNCAN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Stripling v. State, 645 So. 2d 589 (Fla. 3d DCA 1994)
  …ction 775.087, Florida Statutes, is used to enhance the felony or impose a three-year mandatory minimum sentence. See State v. Rodriguez, 602 So. 2d 1270, 1271-72 (Fla. 1992); Earnest v. State, 351 So. 2d 957, 958-59 (Fla. 1977); Stripling v. State, 602 So. 2d 663, 665 (Fla. 3d DCA 1992).…
• Gracia v. State, 98 So. 3d 1243 (Fla. 3d DCA 2012)
  …zar v. State, 892 So. 2d 545 (Fla. 3d DCA 2005); Mondesir v. State, 814 So. 2d 1172 (Fla. 3d DCA 2002), disapproved on other grounds, State v. Sousa, 903 So. 2d 923 (Fla.2005); Mosely v. State, 679 So. 2d 287 (Fla. 1st DCA 1996); Stripling v. State, 602 So. 2d 663 (Fla. 3d DCA 1992); Washington v. State, 597 So. 2d 840 (Fla. 3d DCA 1992). The next and harder issue, however, and the only one which has practical significance, is which of the two sets of convictions and sentences should be vacated. A mistake li…
• Johnson v. Singletary, 625 So. 2d 1251 (Fla. 3d DCA 1993)
  …iction is error. The state recognizes that Johnson was not accused of being in actual possession of a firearm, and that no evidence was introduced demonstrating he possessed one. Thus, the minimum mandatory sentence was improper. Stripling v. State, 602 So. 2d 663 (Fla. 3d DCA 1992); Belcher v. State, 550 So. 2d 1185 (Fla. 5th DCA 1989). Appellate counsel should have raised these points on appeal. His failure to do so demonstrates a deficient prejudicial performance. Accordingly, we grant the petition for w…

Authorities Cited

• Clark v. State, 579 So. 2d 109 (Fla. 1991)