QUINCY BURKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Quincy Burkes appeals his convictions and sentences for grand theft of an auto and armed robbery, committed on July 1, 1995 and July 2,1995, in Duval and Nassau Counties. Burkes raises a number of issues regarding his convictions, including the sufficiency of the evidence against him, and the admission of certain evidence. We affirm Burkes’s convictions without discussion.
We however reverse the three-year mandatory portion of Burkes’s sentence. There is no evidence that Burkes was in actual possession of a firearm during the commission of the robbery. See Bell v. State, 589 So. 2d 1374, 1375 (Fla. 1st DCA 1991). We therefore reverse that portion of the sentence and remand for correction of sentence accordingly. Burkes need not be present for this correction.
MINER, WEBSTER and LAWRENCE, JJ., concur.
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Citator
Cited By
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Wade v. Singletary, 696 So. 2d 754 (Fla. 1997)…991). In 1985, the clemency rules were changed to require a petitioner seeking commutation of an active sentence to obtain a waiver of the clemency rules before the matter could be placed on the Clemency Board’s agenda. See id. Rodriguez v. Chiles, 694 So. 2d 53, 54 (Fla. 1st DCA 1997) (footnote omitted). Accordingly, Wade later requested waiver in 1991, but his request (and, therefore, clemency itself) was denied despite the Florida [*756] Parole Commission’s recommendation that waiver be granted in Wade’…
Authorities Cited
- Bell v. State, 589 So. 2d 1374 (Fla. 1st DCA 1991)