JIMMY L. COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The state presented sufficient evidence from which the jury could have reasonably found (as it did) that appellant was guilty of possession of a firearm by a convicted felon. See, e.g., Daniels v. State, 718 So. 2d 1274, 1275 (Fla. 2d DCA 1998) (proof of either actual or constructive possession of a firearm is sufficient to support a conviction for possession of a firearm by a convicted felon). Accordingly, we affirm appellant’s conviction for that offense. However, because the state presented no evidence demonstrating that appellant had the firearm either on his person or “within immediate physical reach with ready access with the intent to use the firearm during the commission of the offense” as required by section 775.087(4), Florida Statutes (2000), we reverse the three-year mandatory minimum sentence imposed pursuant to that statute, and remand with directions to strike that portion of the sentence.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
BARFIELD, WEBSTER and BENTON, JJ., CONCUR.
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State v. Mulus, 970 So. 2d 349 (Fla. 3d DCA 2007)…IMUM SENTENCE FOR POSSESSION OF A FIREARM BY A CONVICTED FELON IS TO ESTABLISH THAT THE DEFENDANT CARRIED THE FIREARM “ON THE PERSON” AS PROVIDED BY SUBSECTION 775.087(4), FLORIDA STATUTES (2005)? We also certify direct conflict with Cook v. State, 816 So. 2d 267 (Fla. 1st DCA 2002). Certification granted.…
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State v. Register, 846 So. 2d 1198 (Fla. 2d DCA 2003)…possession of a firearm must be sentenced to a three-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 t…
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Fritz Major v. State, 814 So. 2d 424 (Fla. 2002)…ss information in such cases. More information not only will ensure the knowing and intelligent nature of the resulting plea but also will inform the defendant of the adverse consequences of further criminal conduct. This Court in Williams v. State, 816 So. 2d 267, 270-71 (Fla.1975), explained [*435] that there is no place in the plea process for haste or summary action: A plea of guilty is both a confession and a conviction. By entering a plea of guilty, the defendant is consenting to the judgment of convic…
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- Daniels v. State, 718 So. 2d 1274 (Fla. 2d DCA 1998)