DONNIE ANDERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONNIE ANDERSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
690 So. 2d 749
Florida District Court of Appeal, Fifth District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In this Anders appeal1 we strike the three year minimum mandatory provision in appellant’s sentence for possession of a firearm by a convicted felon. The convicted felon firearm offense is not one of the enumerated felonies in the statute which requires a minimum mandatory term for possession of a firearm. See § 775.087(2), Fla. Stat. (1995); Simmons v. State, 457 So. 2d 534 (Fla. 2d DCA 1984). In all other respects, the judgment and sentences in this appeal are affirmed.
MINIMUM MANDATORY TERM STRICKEN; AFFIRMED AS MODIFIED.
DAUKSCH, W. SHARP and THOMPSON, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. State, 722 So. 2d 889 (Fla. 4th DCA 1998)…43 (Fla. 4th DCA 1998). We reverse the order imposing a mandatory minimum sentence since appellant’s crime of carrying a concealed firearm did not statutorily provide for such a sentence. See [*890] § 775.087, Fla. Stat. (1997); Anderson v. State, 690 So. 2d 749, 750 (Fla. 5th DCA 1997). Due to the potential of requiring appellant to be incarcerated for a greater amount of time than that permitted by law, the improper imposition of a mandatory minimum term constitutes fundamental error. See Powell v. State,…
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Williams v. State, 873 So. 2d 444 (Fla. 5th DCA 2004)…tive application of Chapter 99-188 is an impermissible violation of the Ex Post Facto Clauses of the federal and Florida Constitutions. Accordingly, we strike the seven year mandatory minimum provision in Williams’ sentence. See Anderson v. State, 690 So. 2d 749 (Fla. 5th DCA 1997). In all other respects, the judgment and sentence are affirmed. MANDATORY MINIMUM TERM STRICKEN; AFFIRMED AS MODIFIED. SAWAYA, C.J., and GRIFFIN, J., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Citrus Mach. Co., Inc. v. SIX L'S Packing Co., Inc., 457 So. 2d 534 (Fla. 2d DCA 1984)