IRVINE HICKS v. STATE OF FLORIDA

Irvine Hicks appeals his judgment of conviction and sentence for possession of a firearm by a convicted felon. We affirm appellant’s conviction on all issues raised in this appeal, but we reverse the 10-year mandatory minimum portion of the sentence imposed, because, as the state concedes, the trier-of-fact did not make an express finding that appellant had actual possession of a firearm. See Banks v. State, 949 So.2d 353, 355 (Fla. 4th DCA 2007).

Appellant was initially sentenced to a 10-year mandatory minimum sentence, pursuant to Florida’s 10/20/Life statute. He moved for a new trial or,…