Legal Opinion

Cooper v. State

District Court of Appeal of Florida

Decided July 18, 1978No. 77-667PublishedCited by 2 opinions

1Per curiam

Defendant Eugene Cooper was convicted of manslaughter, unlawful possession of a firearm while engaged in a criminal offense and carrying a concealed firearm.

Defendant appeals that part of the sentencing order which required that defendant not be eligible for parole for the mandatory minimum of three years. We agree and strike and delete that portion of the sentence since manslaughter is not one of the crimes set forth in Section 775.087(2), Florida Statutes (1977), prescribing a mandatory minimum sentence upon conviction for certain offenses when a firearm is used.

As to the defendant’s other…

2Cases cited3 opinions

  1. Romano v. PalazzoSupreme Court of Florida · 1922
  2. Bryan v. StateSupreme Court of Florida · 1903
  3. Jones v. StateDistrict Court of Appeal of Florida · 1973

3Cited by2 opinions

  1. DADE CTY. v. Inversiones Rafamar, SADistrict Court of Appeal of Florida · 1978
  2. Simmons v. StateDistrict Court of Appeal of Florida · 1984

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