Gainey v. State
District Court of Appeal of Florida
1Opinion of the Court
ERVIN, Judge.
Appellant’s sentence arising from his conviction for manslaughter with a firearm is reversed and remanded with directions. That portion of the sentence which imposes the three-year mandatory minimum provisions of Section 775.087(2), Florida Statutes (1987), must be deleted from the sentence, because section 775.-087(2) does not apply to manslaughter convictions. See Murray v. State, 491 So.2d 1120 (Fla.1986); Hartley v. State, 531 So.2d 990 (Fla. 1st DCA 1988).
Additionally, that portion of the sentence in which the judge retained personal jurisdiction over the case must be…
Also in this document: Concurrence.
2Cases cited8 opinions
- Ray v. StateSupreme Court of Florida · 1981
- Troupe v. RoweSupreme Court of Florida · 1973
- Hansbrough v. StateSupreme Court of Florida · 1987
- Murray v. StateSupreme Court of Florida · 1986
- State Ex Rel. Gutierrez v. BakerSupreme Court of Florida · 1973
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Arnett v. StateDistrict Court of Appeal of Florida · 1992
- Miller v. StateDistrict Court of Appeal of Florida · 1995
- Jenkins v. StateDistrict Court of Appeal of Florida · 1991