THE SCHOOL BOARD OF BROWARD COUNTY, APPELLANT,

v.

MR. ELECTRIC & ASSOCIATES, INC., AND MULTIAIR FLOW SYSTEM & APPLIANCE INC., APPELLEES

Citator

Cited By

• Arnett v. State, 128 So. 3d 87 (Fla. 1st DCA 2013)
  …ual convicted of possession of a firearm by a convicted felon shall be subject to a three-year mandatory-minimum sentence; however, it is only applicable if the defendant is found to have been in actual possession of the firearm. See Banks v. State, 949 So. 2d 353, 355 (Fla. 4th DCA 2007) (“To impose a three-year mandatory minimum sentence ... the factfinder must [*88] make a specific finding of actual possession.”). In order to enhance a defendant’s sentence under section 775.087(2), the grounds for enhance…
• State v. Mulus, 970 So. 2d 349 (Fla. 3d DCA 2007)
  …ive “commission” crime, and thus the penalty for possession of a firearm “during the commission of the offense” does not apply. Second, the minimum mandatory sentence applies only to cases of actual, not constructive, possession. See Banks v. State, 949 So. 2d 353 (Fla. 4th DCA 2007)(to impose a three-year minimum mandatory sentence, the fact finder must make a specific finding of actual possession); Dawkins v. State, 923 So. 2d 520 (Fla. 2d DCA 2005)(mandatory term may not be imposed unless the defendant was…
• Kishon Larhame Birch v. State, 248 So. 3d 1213 (Fla. 1st DCA 2018)

Authorities Cited

• Vining v. Martyn, 661 So. 2d 942 (Fla. 4th DCA 1995)
• Palm Beach Cnty. v. Trinity Indus., Inc., 661 So. 2d 942 (Fla. 4th DCA 1995)