Dawkins v. State

DAVIS, Judge.

Artavis Dawkins challenges the trial court’s order denying his motion to correct sentencing error. We reverse and remand for further proceedings.

Dawkins entered a negotiated plea to the offense of possession of a firearm by a convicted felon and was advised by the trial court that he faced a three-year mandatory minimum term for possession of a firearm as a result. See § 775.087(2)(a)(l)(r), Fla. Stat. (2004). However, that mandatory term may not be imposed unless the defendant was in actual possession of the firearm at the time of the offense. See Washington v. State, 876 So.2d…