JERRY RAY ROBINS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
OVERTON, Justice.
We have for review Robins v. State, 587 So. 2d 581 (Fla. 1st DCA 1991), in which the district court affirmed the reclassification of Robins’ kidnapping conviction to a life felony based on his codefendant’s wielding of a gun during the commission of the crime.1 We recently held in State v. Rodriguez, 602 So. 2d 1270 (Fla.1992), that actual physical possession of a weapon during the commission of a crime is required for the offense to be reclassified under section 775.087(1), Florida Statutes (1983). Accordingly, we quash the decision of the district court and remand for further proceedings consistent with Rodriguez.
It is so ordered.
BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. . We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Connolly v. State, 172 So. 3d 893 (Fla. 3d DCA 2015)…4, 575 (Fla. 1st DCA 1995) (holding murder sentence cannot be enhanced under section 775.087(1) where the jury specifically found “a firearm not in [defendant’s] physical possession was used” in the course of committing the murder); Robins v. State, 602 So. 2d 1272 (Fla.1992) (quashing affirmance of reclassification under section 775.087(1) based on co-defendant’s wielding of gun during commission of kidnapping offense); Willingham v. State, 541 So. 2d 1240 (Fla. 2d DCA 1989) (holding it error to reclassify a…
-
Williams v. State, 622 So. 2d 456 (Fla. 1993)…under our recent court decisions. In order for a defendant’s sentence to be enhanced pursuant to section 775.087(l)-(2), Florida Statutes (1991), the State must prove that the defendant had actual physical possession of the weapon. Robins v. State, 602 So. 2d 1272 (Fla.1992); State v. Rodriguez, 602 So. 2d 1270 (Fla.1992). It is undisputed that Williams was in Miami during the commission of the crimes in question. Consequently, the State failed to show that Williams had actual physical possession of a firearm…
-
Campbell v. State, 935 So. 2d 614 (Fla. 3d DCA 2006)…602 So. 2d 1270, 1272 (Fla.1992). The Florida Supreme Court has repeatedly held that “actual physical possession of a weapon during the commission of a crime is required for the offense to be reclassified under section 775.087(1).” Robins v. State, 602 So. 2d 1272, 1273 (Fla.1992); see Williams v. State, 622 So. 2d 456, 465 (Fla.1993) (“[i]n order for a defendant’s sentence to be enhanced pursuant to section 775.087(l)-(2), Florida Statutes (1991), the State must prove that the defendant had actual physical p…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Anibal Rodriguez, 602 So. 2d 1270 (Fla. 1992)
- Robins v. State, 587 So. 2d 581 (Fla. 1st DCA 1991)