STATE OF FLORIDA, APPELLANT,
v.
RONALD E. KEEN, APPELLEE
STATE OF FLORIDA, APPELLANT,
RONALD E. KEEN, APPELLEE
782 So. 2d 528
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
The state challenges the sentence imposed on appellant for the crime of possession of a firearm by a felon. The state correctly asserts that the trial judge erred in sentencing appellant to a term of probation, contrary to section 775.087, Florida Statutes (1999). State v. Haddad, 750 So. 2d 139 (Fla. 1st DCA 2000). Accordingly, we reverse and remand with directions that the trial judge resentence appellant consistent with the statutory mandate of a three-year minimum mandatory prison term.
BARFIELD, C.J., WOLF and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Couch, 896 So. 2d 799 (Fla. 1st DCA 2005)…to two years of community control followed by three years of probation for the crime. The State correctly asserts that the trial court erred by imposing this sentence con [*800] trary to section 775.087, Florida Statutes (2002). See State v. Keen, 782 So. 2d 528 (Fla. 1st DCA 2001); State v. Haddad, 750 So. 2d 139 (Fla. 1st DCA 2000) (noting imposition of three-year minimum mandatory prison term a nondiscretionary duty of trial court where record demonstrates defendant had a firearm in his possession); Stat…
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State v. Register, 846 So. 2d 1198 (Fla. 2d DCA 2003)…ee-year minimum mandatory term, but this enhancement applies only in cases of actual, not constructive, possession. See Bundrage v. State, 814 So. 2d 1133 (Fla. 2d DCA 2002); see also Cook v. State, 816 So. 2d 267 (Fla. 1st DCA 2002); State v. Keen, 782 So. 2d 528 (Fla. 1st DCA 2001). The trial court erroneously believed that the minimum mandatory sentence did not apply when a felon was convicted of possession of a firearm only; the trial court thought that there needed to be a separate, additional offense to…
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Aguirre v. State, 852 So. 2d 411 (Fla. 5th DCA 2003)…ccordingly, we dismiss this cause without prejudice to Aguirre’s filing a petition for a belated appeal in compliance with Florida Rule of Appellate Procedure 9.141(c). See, e.g., Adams v. State, 801 So. 2d 145 (Fla. 1st DCA 2001); Broxson v. State, 782 So. 2d 528 (Fla. 1st DCA 2001). DISMISSED without prejudice. PALMER and TORPY, JJ., concur.…
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- State v. Alaa-Eldin A. Haddad, 750 So. 2d 139 (Fla. 1st DCA 2000)