DIXIE BELLE BILES, A/K/A DIXIE BELLE BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DIXIE BELLE BILES, A/K/A DIXIE BELLE BAKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
349 So. 2d 662
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant, Dixie Belle Biles, claims error by the trial court in invoking the provisions of Section 775.087(2), Florida Statutes, following her conviction for manslaughter. Manslaughter is clearly not one of the crimes listed in Section 775.087(2) involving a mandatory three year sentence upon conviction of certain offenses when a firearm is used.
Accordingly, the provisions of the sentence requiring a minimum sentence of three years during which Dixie Belle Biles would not be eligible for parole are hereby stricken; and the judgment and sentence of the trial court are affirmed in all other respects.
ANSTEAD, DAUKSCH, and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Freeney v. State, 493 So. 2d 9 (Fla. 5th DCA 1986)…sion may not be applied. Strahorn v. State, 436 So. 2d 447 (Fla. 2d DCA 1983); Akins v. State, 366 So. 2d 1262 (Fla. 4th DCA 1979); Jones v. State, 356 So. 2d 4 (Fla. 4th DCA 1977); Rozier v. State, 353 So. 2d 193 (Fla. 3d DCA 1977); Biles v. State, 349 So. 2d 662 (Fla. 4th DCA 1977). Therefore, we vacate the sentence and remand to the trial court for entry of a sentence which omits the three year mandatory sentence. It is also noted sua sponte that the trial court improperly imposed a $200 cost pursuant to…
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Rozier v. State, 353 So. 2d 193 (Fla. 3d DCA 1977)…e crimes specified in Section 775.087(2), Florida Statutes which provides for a mandatory three year sentence upon conviction of the offenses listed therein when a firearm is used. Brewer v. State, 343 So. 2d 628 (Fla. 4th DCA 1977); Biles v. State, 349 So. 2d 662 (Fla. 4th DCA 1977). Accordingly, the provision of the sentence requiring a minimum sentence of three years during which defendant would not be eligible for parole is hereby stricken. The judgment and sentence of the trial court are affirmed in all…