State v. Brendell

DAUKSCH, Judge.

This is an appeal from a sentence.

Appellant was convicted of robbery with a firearm and sentenced to a suspended seven-year term in prison, with the proviso that if she successfully completes two years community control and five years probation she would not have to go to prison.

We vacate the sentence and remand this case for a proper guideline sentence. First, she must be given the three-year mandatory minimum incarceration for the use of a firearm. See § 775.087(2)(a)1., Fla.Stat. (1993); State v. Ross, 447 So.2d 1380 (Fla. 4th DCA), rev. den., 456 So.2d 1182 (Fla.1984). See…