PAUL ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Roberts was convicted of robbery with a firearm but the trial judge declined to impose the mandatory three-year minimum sentence because an unidentified accomplice participated in the crime. The appellate court affirmed the conviction and reversed the sentence, holding that the presence of accomplices is immaterial to the mandatory minimum requirement as long as the defendant actually possessed the firearm.
The mandatory minimum three-year sentence for robbery committed while using a firearm applies when the jury makes an express finding that the defendant actually possessed a firearm during the robbery, regardless of whether accomplices were present. The presence of accomplices is immaterial so long as the jury determines the defendant carried the firearm.
[1] A mandatory minimum sentence for robbery with a firearm applies regardless of the presence of accomplices, provided the jury finds the defendant possessed a firearm durin…
[2] A jury's finding that a defendant committed robbery with a firearm can be established by a guilty verdict on that charge, especially when the jury was instructed that suc…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The presence of accomplices during the commission of the crime is immaterial so long as the jury makes an express finding that the defendant convicted actually possessed a firearm during the event.”
Establishes the core holding that accomplices do not affect the applicability of the mandatory minimum sentence
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRoberts and an unidentified accomplice committed a robbery. The victim testified that Roberts pointed a gun at her and demanded she move to the back r…
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FARMER, J.
We affirm defendant’s conviction for robbery with a firearm but reverse the sentence for imposition of the mandatory minimum.
Section 775.087 provides that any person who has been convicted of robbery committed while using a firearm “shall be sentenced to a minimum term of imprisonment of 3 years.” [e.s.] § 775.087(2)(c), Fla. Stat. (1997). The trial judge declined to impose this mandatory sentence because the defendant had an unidentified, unin-dicted accomplice in the robbery and therefore, he reasoned, the statute did not apply. We disagree.
The presence of accomplices during the commission of the crime is immaterial so long as the jury makes an express finding that the defendant convicted actually possessed a firearm during the event. Johnson v. State, 720 So. 2d 232, 237 (Fla.1998) (court may impose mandatory minimum sentence for use of a firearm where jury makes finding that defendant committed crime while using a firearm either by finding defendant guilty of crime involving firearm or by answering specific question of special verdict form so indicating); and State v. Overfelt, 457 So. 2d 1385, 1387 (Fla.1984) (same); cf. Redd v. State, 684 So. 2d 881 (Fla. 4th DCA 1996) (mandatory minimum sentence for use of firearm during armed robbery improper where evidence at trial failed to establish conclusively that defendant actually possessed firearm).
Although there was more than one perpetrator of the crime in suit, the evidence presented at trial supports the contention that defendant possessed and used the firearm. The victim testified that defendant pointed the gun at her and demanded that she move into the back room. The videotape played at the trial reveals that the perpetrator had the gun pointed at the attendant during the robbery. The jury’s verdict found defendant guilty of robbery with a firearm after the trial judge instructed the jury that they could find defendant guilty only if they determined that the defendant “carried a firearm in the course of committing the robbery.” CONVICTION AFFIRMED; SENTENCE REVERSED FOR IMPOSITION OF MANDATORY MINIMUM.
GUNTHER and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Overfelt, 457 So. 2d 1385 (Fla. 1984)
- Johnson v. State, 720 So. 2d 232 (Fla. 1998)
- Redd v. State, 684 So. 2d 881 (Fla. 4th DCA 1996)