Legal Opinion

Gamble v. State

District Court of Appeal of Florida

Decided May 18, 2011No. 1D11-0879Published

1Per curiam

The appellant appeals the denial of his motion for posteonviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. For the reasons discussed below, we reverse.

The appellant was convicted of possession of a firearm by a convicted felon (count one) and failure to appear (count two) and was sentenced in accordance with a negotiated plea agreement to concurrent terms of four years’ imprisonment with a three-year minimum mandatory for count one for possessing a firearm. The appellant asserts that there is no factual basis to support the imposition of the three-year minimum…

2Cases cited6 opinions

  1. Johnson v. StateDistrict Court of Appeal of Florida · 2003
  2. Franklin v. StateDistrict Court of Appeal of Florida · 1994
  3. Sims v. StateDistrict Court of Appeal of Florida · 2010
  4. Barthel v. StateDistrict Court of Appeal of Florida · 2003
  5. Turpin v. StateDistrict Court of Appeal of Florida · 1995

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