State v. Register

FULMER, Judge.

The State appeals the trial court’s order imposing community control and probation after Willie Register pleaded guilty tp possession of a firearm by a convicted felon. The State argues that the trial court was required to impose a three-year minimum mandatory prison sentence. We reverse.

Under section 775.087(2)(a)(l), Florida Statutes (2000), a felon convicted of possession of a firearm must be sentenced to a three-year minimum mandatory term, but this enhancement applies only in cases of actual, not constructive, possession. See Bundrage v. State, 814 So.2d 1133 (Fla. 2d DCA…