Roberts v. State

We affirm defendant’s conviction for robbery with a firearm but reverse the sentence for imposition of the mandatory minimum.

Section 775.087 provides that any person who has been convicted of robbery committed while using a firearm “shall be sentenced to a minimum term of imprisonment of 3 years.” [e.s.] § 775.087(2)(c), Fla. Stat. (1997). The trial judge declined to impose this mandatory sentence because the defendant had an unidentified, unin-dicted accomplice in the robbery and therefore, he reasoned, the statute did not apply. We disagree.

The presence of accomplices during the commission…