LAWRENCE LEONARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the judgment of conviction adjudicating Appellant Lawrence Leonard guilty of armed robbery with a firearm and armed burglary with assault and battery. We affirm that part of appellant’s sentence imposing concurrent nine-year terms of imprisonment, but reverse the imposition of a three-year mandatory minimum prison term for possession of a firearm during commission of the armed robbery. The absence of a jury finding that appellant had a firearm in his actual possession while participating with others in the armed robbery offense precludes imposition of the mandatory minimum penalty. State v. Overfelt, 457 So. 2d 1385 (Fla.1984); Rivas v. State, 591 So. 2d 649 (Fla. 4th DCA 1991). We remand to the trial court with directions to delete such penalty from appellant’s sentence. Hill v. State, 652 So. 2d 904 (Fla. 4th DCA 1995).
AFFIRMED IN PART; REVERSED IN PART and REMANDED.
DELL, KLEIN and STEVENSON, JJ., concur.
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Citator
Cited By
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Redd v. State, 684 So. 2d 881 (Fla. 4th DCA 1996)…4). Where the defendant participated in the crime with others, the three-year mandatory penalty under section 775.087(2) cannot be imposed in the absence of a jury finding that the defendant was in actual possession of the firearm. Leonard v. State, 660 So. 2d 1172 (Fla. 4th DCA 1995); see State v. Overfelt, 457 So. 2d 1385, 1387 (Fla.1984); Rivas v. State, 591 So. 2d 649 (Fla. 4th DCA 1991). In the instant case, Appellant committed the crimes with two accomplices. The evidence at trial did not conclusively…
Authorities Cited
- State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)
- Hill v. State, 652 So. 2d 904 (Fla. 4th DCA 1995)
- Rivas v. State, 591 So. 2d 649 (Fla. 4th DCA 1991)