PATRICIA ELAINE JOHNSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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ENGLAND, Justice.
The First District Court of Appeal has certified its decision in this case1 for consideration of the same question which was posed in Earnest v. State, 342 So. 2d 1024 (Fla. 1st DCA 1977), that is, whether a three year minimum jail sentence for possession of a firearm during the commission of certain crimes extends to aiders and abetters who are principals in the first degree of those crimes. We answered this question in the negative on review of the Earnest decision. Earnest v. State, Fla., Case No. 51,491, opinion filed August 31, 1977.
Accordingly, petitioner’s minimum mandatory sentence is vacated and the case is remanded to the district court with instructions to remand to the trial judge for appropriate sentencing in accordance with this decision.
It is so ordered.
OVERTON, C. J., SUNDBERG and HATCHETT, JJ., concur. KARL, J., dissents.
. Johnson v. State, 346 So. 2d 651 (Fla. 1st DCA 1977).
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Eve Postell v. State, 383 So. 2d 1159 (Fla. 3d DCA 1980)…tes (1977), are not applicable in the absence of proof that the defendant personally, not vicariously or constructively, possessed the weapon during the commission of the crime involved. Earnest v. State, 351 So. 2d 957 (Fla.1977); Johnson v. State, 349 So. 2d 1190 (Fla.1977); McGowan v. State, 362 So. 2d 335 (Fla. 3d DCA 1978); Arthur v. State, 351 So. 2d 60 (Fla. 4th DCA 1977). We are of the view that the enhancement provisions of Section 775.087(1), Florida Statutes (1977), a fortiori require that the defen…
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Authorities Cited
- Earnest v. State, 342 So. 2d 1024 (Fla. 1st DCA 1977)