Legal Opinion

Neals v. State

District Court of Appeal of Florida

Decided January 18, 2012No. 4D10-3142Published

1Per curiam

Tyrice Neals seeks review of an order denying his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse and remand.

At issue is the minimum mandatory sentence resulting from Neals’ possession of a firearm. In its response to this Court’s show cause order, the State acknowledges that it is unclear on the record before this Court whether Neals stipulated to the fact that he had actual possession of a firearm, a condition precedent to his minimum mandatory sentence. See, e.g., Blanc v. State, 899 So.2d 455 (Fla. 4th DCA 2005). Consequently, we remand…

2Cases cited1 opinion

  1. Blanc v. StateDistrict Court of Appeal of Florida · 2005

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