Chaney v. State

Chaney was convicted of robbery with a firearm,1 and armed burglary of a conveyance,2 and was sentenced to ten year concurrent terms with a three year minimum mandatory sentence for the robbery count. We affirm in all regards except for the imposition of the minimum mandatory sentence, which we vacate. The jury found, as regards both crimes, that Chaney did not personally carry a firearm when they were committed. Accordingly, it was error to impose the three year minimum mandatory sentence pursuant to section 775.087(2). See Williams v. State, 18 Fla.L.Weekly S260, 1993 WL 122618 (Fla. April…