Gallentine v. State
District Court of Appeal of Florida
1Opinion of the Court
NORTHCUTT, Judge.
Eric John Gallentine raises two points on appeal from multiple convictions. We affirm without discussion his claim that the trial court erred in denying his motion to suppress. But we agree that the trial court erred by imposing a three-year mandatory minimum sentence under section 775.087(2)(a)(l)(r), Florida Statutes (2008), for possession of a firearm by a convicted felon. The evidence failed to show that Gallentine carried the firearm on his person. See, e.g., Williams v. State, 997 So.2d 486 (Fla. 2d DCA 2008); Washington v. State, 876 So.2d 1242 (Fla. 2d DCA 2004);…
2Cases cited4 opinions
- Johnson v. StateDistrict Court of Appeal of Florida · 2003
- State v. MulusDistrict Court of Appeal of Florida · 2007
- Washington v. StateDistrict Court of Appeal of Florida · 2004
- Williams v. StateDistrict Court of Appeal of Florida · 2008
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