ROGER THOMAS AND ANTON DAMES, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm appellants’ convictions having determined the assertions of error are without merit or harmless as defined in State v. DiGuilio, 491 So. 2d 1129 (Fla.1986). We specifically reject appellants’ claim as to the definition of a short barreled shotgun. See Gillman v. State, 346 So. 2d 586 (Fla. 1st DCA 1977), disapproved on other grounds, State v. Perez, 449 So. 2d 818 (Fla.1984).
We agree with appellant Dames, and the state concedes, that the court erred in not limiting the sentence on Count VII to sixty (60) days in jail. There is also an error in the orders of probation reciting that the appellants pleaded guilty when in fact they were convicted upon trial by jury.
We affirm but remand for the limited purpose of correcting the sentencing errors set out above. .
ANSTEAD, HERSEY and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Ira Graham, 655 So. 2d 1279 (Fla. 4th DCA 1995)…... you can saw off a shotgun to 6 inches as long as you put a long stock on it? It’s not an illegal shotgun? No way”. This court has also previously rejected a defendant’s claim as to the definition of a short-barreled shotgun in Thomas v. State, 634 So. 2d 317 (Fla. 4th DCA 1994), specifically referencing the Gillman opinion. Similarly, at bar, we rely on the reasoning of the Gillman court in our determination that the two categories of weapons created by the statute are not mutually exclusive, and that s…
Authorities Cited
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Gillman v. State, 346 So. 2d 586 (Fla. 1st DCA 1977)
- State v. Perez, 449 So. 2d 818 (Fla. 1984)