ANTWAN BOLDEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTWAN BOLDEN, APPELLANT,
STATE OF FLORIDA, APPELLEE
4 So. 3d 788
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 1 case
Opinion of the Court
Appellant challenges his conviction and sentence for armed burglary. We find no error as to the conviction but determine, as correctly conceded by the State, that there was insufficient evidence establishing that appellant was in actual possession of a firearm during the burglary. Accordingly, we affirm the judgment and life sentence but strike the mandatory minimum portion of the sentence and remand for the trial court to correct the sentence. Appellant need not be present when the trial court makes the necessary correction. Williams v. State, 997 So.2d 486 (Fla. 2d DCA 2008).
WOLF, BENTON, and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rodana Robinson v. State, 16 So. 3d 229 (Fla. 1st DCA 2009)…viction but determine that there was insufficient evidence that appellant was in possession of a firearm during the burglary to support imposition of the mandatory minimum sentence under section 775.087, Florida Statutes (2007). See Bolden v. State, 4 So. 3d 788 (Fla. 1st DCA 2009). Accordingly, we affirm the judgment but reverse the imposition of the mandatory minimum sentence and remand to the trial court for resentencing. AFFIRMED in part; REVERSED in part; and REMANDED with instructions. HAWKES, C.J…
Authorities Cited
- Cleveland B. Williams v. State, 997 So. 2d 486 (Fla. 2d DCA 2008)