JORGE LUIS DOMINGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JORGE LUIS DOMINGUEZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
800 So. 2d 242
Florida District Court of Appeal, Third District (2001)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm defendant’s convictions, Jenkins v. State, 747 So. 2d 997, 998 (Fla. 5th DCA 1999)(“the evidence was sufficient for a jury to find that the automobile was used as a weapon.”), review dismissed, 781 So. 2d 1083 (Fla.2001), however, we strike the portion of the sentence that imposes a three-year-minimum-mandatory sentence for possession of a firearm. See § 775.087(2), Fla. Stat. (1997).
Convictions affirmed; three-year-minimum-mandatory sentence vacated.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 844 So. 2d 700 (Fla. 2d DCA 2003)…n thirty days of the date of this court’s mandate, and the trial court shall not deem it untimely or deem it successive based upon the motion Williams filed in this proceeding. See Lewis v. State, 777 So. 2d 1083 (Fla. 2d DCA 2001); Lanier v. State, 800 So. 2d 242, 243 (Fla. 2d DCA 2001). Affirmed. FULMER and KELLY, JJ., concur.…
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Dominguez v. State, 876 So. 2d 675 (Fla. 3d DCA 2004)…tes (1995), where the state relied solely upon the automobile that he was driving at the time of the offense to satisfy the statute’s weapon requirement. Because, on direct appeal, we affirmed Dominguez’s convictions in toto, see Dominguez v. State, 800 So. 2d 242 (Fla. 3d DCA 2001) (“Dominguez I”), we sua sponte granted hearing en banc of this matter. To the extent that Dominguez I affirmed the armed robbery conviction, we now recede from that case and issue this decision in its stead. The state charged Dom…
Authorities Cited
- Lennard Lapoint Jenkins v. State, 747 So. 2d 997 (Fla. 5th DCA 1999)
- Brown v. State, 781 So. 2d 1083 (Fla. 2001)